Common use of Conduct of Hearing Clause in Contracts

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.

Appears in 6 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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Conduct of Hearing. i. a. The formal rules of evidence do not apply, although the Presiding Hearing Officer shall have discretion to exclude evidence evidence, which is incompetent, irrelevant not relevant or cumulative, or the presentation of which will otherwise consume undue time. The rules of privilege shall be observed. ii. b. The parties may present opening arguments through documents and statements. iii. c. The parties will not be entitled to confront and cross-examine witnesses. d. Following the presentation of written material and statements, the involved parties may present evidence through documents and testimony. aa. Witnesses shall testify under oathsubmit closing arguments orally or in writing for consideration by the hearing officer.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Conduct of Hearing. i. A. The formal rules of evidence do not apply, although the Presiding Officer hearing officer shall have discretion to exclude evidence which that is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. ii. B. The parties may present opening statements. iii. C. The parties may present evidence through documents and direct testimony. aa. Witnesses . D. The parties shall testify under oathnot be entitled to confront and cross-examine witnesses. X. Following the presentation of evidence, if any, the parties may present closing arguments.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Conduct of Hearing. i. The formal rules of evidence do not apply, although the Presiding Officer hearing 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. • The hearing officer shall issue subpoenas for documents or testimony upon reasonable request of the parties. The parties shall be entitled to confront and cross-examine witnesses. Following the presentation of evidence, if any, the parties may submit oral and/or written closing argument for consideration by the hearing officer.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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. Hearsay evidence may be admitted if it is the sort of evidence on which reasonable persons would rely in the conduct of serious affairs. An objection as to the hearsay nature of evidence is timely if made before the submission of the case or on reconsideration. ii. The parties may present opening statements. iii. The parties may present evidence through documents and testimony. aa. Witnesses shall testify under oath.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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Conduct of Hearing. i. 1) 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. 2) The parties may present opening statements. iii. 3) The parties may present evidence through documents and testimony. aa. Witnesses shall testify under oath.

Appears in 1 contract

Samples: Memorandum of Understanding

Conduct of Hearing. i. a. The formal rules of evidence do not apply, although the Presiding Hearing Officer shall have discretion to exclude evidence which is incompetent, irrelevant not relevant or cumulative, or the presentation of which will otherwise consume undue time. The rules of privilege shall be observed. ii. b. The parties may present opening arguments through documents and statements. iii. c. The parties will not be entitled to confront and cross-examine witnesses. d. Following the presentation of written material and statements, the involved parties may present evidence through documents and testimony. aa. Witnesses shall testify under oathsubmit closing arguments orally or in writing for consideration by the hearing officer.

Appears in 1 contract

Samples: Memorandum of Understanding

Conduct of Hearing. i. 8.08.4.1 The formal rules of evidence do not apply, although the Presiding Officer 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. 8.08.4.2 The parties may present opening statements. iii. 8.08.4.3 The parties may present evidence through documents and testimony. aa. . a. Witnesses shall testify under oath. b. Subpoenas may be issued pursuant to Government Code sections 11450.05 - 11450.50.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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