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Hearing or written record? What the DOHA record shows

Every contested case is decided one of two ways: after a hearing before an Administrative Judge, or on the written record. This is how the decided cases on each path ended.

Is a DOHA hearing or a decision on the written record better?

The record cannot say which is better for anyone; it can say how decided cases on each path ended. Cases decided after a live hearing ended with access granted 43% of the time (7,525 granted, 10,042 denied, 17,567 decided); cases decided on the written record, 17% (1,462 granted, 7,026 denied, 8,488 decided). Median time from the Statement of Reasons to the decision was 268 days with a hearing and 252 days on the written record. An association, not a cause: the people who choose each path differ.

Basis: 26,055 decided hearing-level ISCR cases with a known path, 1996 to October 2026. Descriptive history of decided cases, not a prediction.

More questions people ask the record

The figures

Decided after a hearing

43% granted

7,525 granted, 10,042 denied, 17,567 decided

Decided on the written record

17% granted

1,462 granted, 7,026 denied, 8,488 decided

SOR to decision, hearing path

268 days

median of 15,870 cases stating both dates

SOR to decision, written record

252 days

median of 7,814 cases stating both dates

Hearing-level, standard industrial (ISCR) decisions whose text states the path taken. The year-by-year and guideline-by-guideline views are on the timelines page and the statistics page.

What each path involves

The hearing. The applicant appears before an Administrative Judge, in person or by video, testifies under oath, presents documents and witnesses, and is questioned by Department Counsel. A transcript is made and the judge issues a written decision afterwards. The notice of hearing and what follows it are described at the hearing notice.

The written record. Department Counsel assembles the File of Relevant Material (FORM), the government’s evidence, and sends it to the applicant, who has 30 days to respond with documents and a written statement. No one testifies; the judge decides on the papers. The FORM is described at the FORM.

Why the gap is not a recipe

The written-record group is not the hearing group with the hearing removed. It includes applicants who did not respond to the FORM at all, applicants without counsel, and applicants who could not or did not want to appear. The hearing group includes most represented applicants (see the lawyer question). The record shows how each group’s cases ended; it does not show what the same case would have done on the other path.

What a hearing adds that the papers cannot is the applicant’s own testimony, which the judge weighs for credibility, and the chance to answer the government’s evidence in the room. Whether that matters in a given case is a judgment the record cannot make.

How the choice is made

The applicant elects a hearing or a decision on the written record in the written answer to the Statement of Reasons, due within 20 days of receipt. If no answer is filed, the rules allow the case to be decided without a hearing. The stages and deadlines are set out at how a DOHA case works, and the calendar dates for a given letter at the deadline calculator.

How the process worksA contested case follows a published sequence. Open this for the short version, or put a question to Ask Mode on the home page. Accounts are free and include up to 25 questions per day.

A contested case follows a published path: a Statement of Reasons, the government's written list of its concerns (an SOR), a written answer, a hearing or a decision on the written record, the judge's decision, and in some cases an appeal.

Read the stages of a DOHA case · Ask a question about the process

Where to go from here

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For attorneys and firms →

Descriptive statistics from decided public DOHA cases. An association in the record is not a cause, not advice, and not a prediction for any pending case.