Conduct of Hearing. The arbitrator shall hold the hearing in Tampa, Florida, unless otherwise agreed by the parties. The hearing shall commence within twenty-five (25) days of the arbitrator's acceptance of selection, or as soon thereafter as is practicable, and the arbitrator shall issue the decision within forty-five (45) days of the close of the hearing or the submission of briefs, whichever is later, unless additional time is agreed to by the parties. The decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. Except as expressly specified in this procedure, the provisions of the Florida Arbitration Code, Chapter 682, Florida Statutes, shall not apply. Except as modified by the provisions of the Collective Bargaining Agreement, arbitration proceedings shall be conducted in accordance with the rules and procedures of the American Arbitration Association.
Conduct of Hearing. The arbitrator shall hold the hearing in the city where the grievant is employed unless otherwise agreed to by the parties. The hearing shall commence within 21 working days of the arbitrator's acceptance of selection, or as soon thereafter as is practicable, and the arbitrator shall issue the decision within 30 working days of the close of the hearing or the submission of briefs, whichever is later, unless additional time is agreed to by the parties. The decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issue(s) submitted. Except as modified by the provisions of this Agreement, arbitration proceedings shall be conducted in accordance with the rules and procedures of the American Arbitration Association.
Conduct of Hearing. The arbitrator shall hold the hearing in the city where the grievant is employed, unless otherwise agreed by the parties. The hearing shall commence within twenty-five (25) days of the arbitrator's acceptance of selection, or as soon thereafter as is practicable, and the arbitrator shall issue the decision within forty-five (45) days of the close of the hearing or the submission of briefs, whichever is later, unless additional time is agreed to by the parties. The decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. Except as expressly specified in this Article, the provisions of the Florida Arbitration Code, Chapter 682, Florida Statutes, shall not apply. Except as modified by the provisions of this Agreement, arbitration proceedings shall be conducted in accordance with the current Labor Arbitration Rules of the American Arbitration Association.
Conduct of Hearing i. The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time.
ii. The parties may present opening statements.
iii. The parties may present evidence through documents and testimony. aa. Witnesses shall testify under oath.
Conduct of Hearing. The arbitrator shall hold the hearing in Miami-Dade County, unless otherwise agreed by the parties. The hearing shall commence within twenty-five (25) days of the arbitrator's acceptance of selection, or as soon thereafter as is practicable, and the arbitrator shall issue the decision within thirty (30) days of the close of the hearing or the submission of briefs, whichever is later, unless additional time is agreed to by the parties. The decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. Except as expressly specified in this Article, the provisions of the Florida Arbitration Code, Chapter 682, Florida Statutes, shall not apply. Except as modified by the provisions of this Agreement, arbitration proceedings shall be conducted in accordance with the Labor Arbitration Rules and Procedures of the American Arbitration Association and the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes of the National Academy of Arbitrators, the American Arbitration Association, and the Federal Mediation and Conciliation Service.
Conduct of Hearing. 28.7.1 Whenever a hearing is requested as provided above, the County Superintendent of Schools shall decide, in his/ her discretion, whether to conduct the hearing without the assistance of the Office of Administrative Hearings, or to contact the Office of Administrative Hearings for the services of an administrative law judge appointed by that office to conduct the hearings.
28.7.2 The conduct of the hearing, whether presided over by the County Superintendent of Schools or by an administrative law judge, shall be in accordance with the rules and procedures set forth in the Administrative Procedure Act (Government Code sections 11500 and following).
28.7.3 Non-substantive procedural errors committed by the Tulare County Office of Education, the hearing officer, or the County Superintendent of Schools shall not affect the decision unless the errors are prejudicial.
Conduct of Hearing. The presiding officer shall determine the manner in which the hearing is to be conducted, setting aside an appropriate amount of time for each side to present its case, and may limit the number of witnesses and other participants in the hearing. The complainant shall present first, and the unit member will respond. It is understood that the burden of proof is on the complainant.
Conduct of Hearing a. The formal rules of evidence do not apply, although the presiding officer will have discretion to exclude evidence that is incompetent, irrelevant, or cumulative, or the presentation of which will otherwise consume undue time.
b. The parties may present opening statements.
c. The parties may present evidence through documents and testimony.
1. Witnesses shall testify under oath.
2. Subpoenas may be issued pursuant to Government Code Section 11450.05 through Section 11450.50.
3. Unless the punitive action involves a loss of compensation, the parties will not be entitled to confront and cross-examine witnesses.
d. Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the presiding officer.
Conduct of Hearing a. The formal rules of evidence do not apply, although the hearing officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative.
b. The parties may present opening statements.
c. The parties may present evidence through documents and testimony.
i. Witnesses shall testify under oath.
ii. The hearing officer shall issue subpoenas for documents or testimony upon reasonable request of the parties.
d. The parties shall be entitled to confront and cross-examine witnesses.
e. Following the presentation of evidence, if any, the parties may submit oral and/or written closing argument for consideration by the hearing officer.
Conduct of Hearing a. Upon receipt of the request for hearing, the District shall immediately contact the State of California Office of Administrative Hearings to contract for services of an administrative law judge appointed by that office to conduct the hearing.
b. The contract shall be made pursuant to the authority granted by Government Code Section 27720 and following.
c. Oral evidence shall be taken only on oath or affirmation.
