Common use of Appointment of Hearing Officer Clause in Contracts

Appointment of Hearing Officer. Hearing process. If the mediator is unable to effect settlement of the controversy within fifteen (15) calendar days after his appointment, either party may, by written notice to the other and the state superintendent of public instruction, request that all unresolved issues be submitted to a hearing officer who shall make findings of fact and recommend terms of settlement. [a] Within five (5) working days after receipt of the request, the state superintendent of public instruction shall appoint a hearing officer who is mutually acceptable to the District and the Association. [b] The hearing officer may not, without consent of both parties, be the same person who served as mediator. [c] Procedures for Fact Finding. The hearing officer shall meet with the parties or their representatives, jointly or separately, and make inquiries and investigations, hold hearings, and may issue subpoenas for the production of persons or documents relevant to all issues in dispute. [d] The State Board of Education and departments, divisions, authorities, bureaus, agencies, and officers shall furnish the hearing officer, on request, all relevant records, documents, and information in their possession. [e] If the final positions of the parties are not resolved before the hearing ends, the hearing officer shall prepare a written report containing the agreements of the parties with respect to all resolved negotiated contract issues and the positions that the hearing officer considers appropriate on all unresolved final positions of the parties. [f] The hearing officer shall submit the report to the parties privately within ten (10) working days after the conclusion of the hearing, or within the date established for the submission of post-hearing briefs, but not later than twenty (20) working days after the hearing officer’s appointment. [g] Either the hearing officer, the Association, or the District may make the report public if the dispute is not settled within ten (10) working days after its receipt from the hearing officer. [h] All expenses of the hearing officer shall be borne equally by the parties. Each party shall be responsible for the expenses of the witnesses it calls.