Conduct of Hearings. Hearings shall be conducted in accordance with the procedures contained in Government Code 11513. Hearing sessions shall be private, with attendance limited to the arbitrator, the parties’ representatives, the grievant, and necessary witnesses.
Conduct of Hearings. Hearings will be open to the public unless otherwise requested by the appellant. Hearings will be tape recorded. Copies of the tape will be available to the appellant, if desired, for a nominal charge. Transcripts of the taped proceedings will be available upon request at the requesting parties' expense. Closing arguments shall be oral; provided, however, that either party may elect to submit a closing brief following the presentation of closing arguments. Briefs are due to the Hearing Officer within ten (10) calendar days of the close of the hearing. Briefs submitted after the deadline shall not be considered by the Hearing Officer.
Conduct of Hearings. In cases involving issuance of Notices of Unsatisfactory Service or Act, the District shall proceed first in providing evidence.
Conduct of Hearings. The hearings shall be conducted on a private and confidential basis. Each of the parties to a case shall be limited to one hour for initial presentation and one-half hour for rebuttal and summation. Cross-examination of witnesses shall not count against the aforesaid time limitations, and such time limita- tions may be extended by the arbitration panel for good cause. The parties shall exchange all written materials to be utilized in their respective initial presentations at the outset of a hearing. The order of presentation shall be as follows:
(a) Player’s initial presentation;
(b) Club’s initial presentation;
(c) Player’s rebuttal and summation;
(d) Club’s rebuttal and summation;
(e) Player’s surrebuttal, which shall be very brief and offered to respond to new issues raised during the Club’s rebuttal; and
(f) If requested by the Club, the Panel may, at its discretion, allow the Club very brief surrebuttal to respond to new issues raised by the Player. Notwithstanding this order of presentation, neither party shall carry the burden of proof.
Conduct of Hearings. The parties agree that all arbitration hearings shall be conducted as follows:
(i) Hearings shall be held in the City of Elgin, Illinois, at a mutually agreed location. Hearings may be conducted outside the City of Elgin only by written mutual agreement;
(ii) The, hearings shall begin within thirty (30) days of the notification from the AAA that the arbitrator selected has accepted the appointment to serve as the neutral arbitrator. The parties by mutual written agreement may agree to delay the date of the first hearing for a period up to ninety (90) days. The hearings shall be scheduled on mutually agreed dates, subject to the reasonable availability of the arbitrator and the representatives of the parties and shall be concluded within thirty (30) days of the date of the first hearing;
(iii) The party requesting arbitration shall proceed with the presentation of its case first, followed by the non-requesting party. Each party shall have the right to submit rebuttal evidence and testimony, as well as to submit a post-hearing brief. Post-hearing briefs shall be simultaneously submitted directly to the arbitrator, with a copy sent to the opposing party’s representative, within twenty-one (21) calendar days of the conclusion of the hearings;
(iv) The arbitrator’s decision and award shall be issued in writing directly to each party’s representative within thirty (30) days of the close of hearings or the submission of post-hearing briefs, whichever is later;
(v) A mutually agreed court reporting service shall record and transcribe the hearings. The costs of the neutral arbitrator, as well as the costs of the court reporting service and a copy of the transcript for the arbitrator shall be divided equally. Each party shall be responsible for purchasing its own copy of the transcript and for compensating its witnesses and representatives:
Conduct of Hearings. Hearings will be closed to the public unless otherwise requested by the appellant. Hearings will be tape recorded. Copies of the tape(s) will be available to the appellant, if desired, for no charge. Transcripts of the taped proceedings will be available upon request, at the requesting party’s expense. Closing arguments shall be oral; provided, however, that either party may elect to submit a closing brief. Such an election must be made following the presentation of closing arguments. Briefs are to be submitted to the Hearing Officer within twenty (20) calendar days of the close of the hearing. Briefs submitted after the deadline shall not be considered by the Hearing Officer.
Conduct of Hearings. 7.5.1. The Arbitrator will hear Your Claim in private. The only people entitled to attend the hearing are:
7.5.1.1. You and any person of Your choice to assist You;
7.5.1.2. the Manufacturer’s representative and any person of his or her choice to provide assistance;
7.5.1.3. any persons who are required by You or by the Manufacturer to give evidence as witnesses as set out in the exchange of information in Section 8.5;
7.5.1.4. the Arbitrator; and
7.5.1.5. at the discretion of the Arbitrator, either a representative from the Provincial Administrator or from the CAMVAP national office.
7.5.2. You may be represented by legal counsel if You wish to do so. If You are going to be represented by legal counsel, You must indicate this in the appropriate section on the Claim Form. All expenses associated with the attendance of Your legal counsel are Your responsibility. The Manufacturer may be represented by legal counsel, at its own expense, and must give You notice of the attendance of its legal counsel as part of the exchange of documents under Section 8.
7.5.3. The Arbitrator can, if requested by either Party, adjourn the hearing after it has started. If the Arbitrator agrees to adjourn the hearing, it must be rescheduled not more than fifteen (15) Days after the original hearing date, unless the Arbitrator is satisfied that there are appropriate reasons for adjourning the hearing to a later date.
7.5.4. If any Party fails to attend the hearing, the Arbitrator will adjourn the hearing to a new date. In doing this, the Arbitrator can impose such conditions as are appropriate in the circumstances. The Provincial Administrator will give the Parties fourteen (14) Days written notice of the rescheduled hearing date. If the Party who previously failed to attend the hearing fails to do so again on the rescheduled date, the Arbitrator may proceed with the hearing in the absence of the Party who has failed to attend.
Conduct of Hearings. At the option of the grievant, hearings may be open, provided the hearings officer is notified at least forty-eight (48) hours in advance of the hearing. At Level 2 and beyond, the grievant shall be permitted to present relevant evidence including the calling and cross-examining of witnesses, making a record, and filing arguments. Evidence shall not be intentionally withheld at any level. Decisions shall be based solely upon the evidence and testimony presented at the hearings.
Conduct of Hearings. The arbitrator shall hold the hearing in the city where the employee grievant is employed unless otherwise agreed by the parties. The arbitrator shall issue a decision within thirty (30) days of the close of the hearing or the submission of briefs, whichever is later, unless additional time is mutually 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, including a statement of the specific issue or issues decided and the specific contract sections, if any, found to be violated.
Conduct of Hearings. (1) The presentation of the case, to the extent possible, shall be made in the narrative form. To the degree that witnesses are necessary, examination will be limited to questions of material fact and cross examination will be similarly limited. Submission of relevant documents, etc., will not be unreasonably limited and may be submitted as a “packet” exhibition.
(2) In the event either party is unable to proceed with hearing a particular case, the case shall be rescheduled. However, only one adjournment shall be permitted. In the event that either party is unable to proceed on a second occasion, a default judgment may be entered against the adjourning party at the Arbitrator’s discretion absent a good cause shown.
(3) The Arbitrator shall not be precluded from attempting to assist the parties in settling a particular case.
(4) A decision will be issued by the Arbitrator within two weeks. It will not be necessary in the
(5) Decisions in this expedited procedure shall not be considered as precedent for any other case or entered into evidence in any other forum or dispute except to enforce the Arbitrator’s award.
(6) The parties, shall whenever possible, exchange any documents intended to be offered in evidence at lease one week in advance of the first hearing date and all endeavor to stipulate to the issue in advance of the hearing date.
