Evidentiary Hearing. Evidentiary hearings shall be held by the Governing Board, or in the alternative by a three-member sub-committee of the Governing Board or a mutually selected hearing officer. For hearings conducted by a Board sub-committee or a hearing officer, the hearing findings shall be advisory to the full Governing Board. Only the Governing Board shall have the authority to make the final decision.
Evidentiary Hearing. The procedures established by the arbitrator shall provide for an evidentiary hearing, with provision for the cross-examination of witnesses, unless all parties consent to the resolution of the matter on the basis of a written record. The forms and methods for taking evidence shall be as agreed by the parties, or if the parties cannot agree, as established by the arbitrator. The arbitrator may require such written or other submissions from the parties as shall be deemed appropriate, including submission of the direct testimony of witnesses in written form. The arbitrator may exclude any evidence that is irrelevant, immaterial, or unduly repetitious, and, except to the extent hereinafter otherwise provided, shall exclude any material which is covered by the attorney-client privilege, the accountant-client privilege, other evidentiary privileges, or the attorney-work product doctrine. Any party or parties may arrange for the preparation of a record of the hearing and, except to the extent otherwise provided, shall pay the costs thereof. Such party or parties shall have no obligation to provide, or to agree to the provision of, a copy of the record of the hearing to any party that does not pay a proportionate share of the cost of the record. At the request of any party, the arbitrator shall determine a fair and equitable allocation of the cost of the preparation of a record between or among the parties to the proceeding who are willing to share such costs.
Evidentiary Hearing. The arbitration procedures shall provide for an evidentiary hearing, with provision for the cross-examination of witnesses, unless all parties consent to the resolution of the matter on the basis of a written record. The forms and methods for taking evidence shall be determined by the arbitrator(s) and modified pursuant to Section 1.5.4. The arbitrator may require such written or other submissions from the parties as he or she may deem appropriate, including submission of direct and rebuttal testimony of witnesses in written form. The arbitrator may exclude any evidence that is irrelevant, immaterial, unduly repetitious or prejudicial, or privileged. The arbitrator shall compile a complete evidentiary record of the arbitration that shall be available to the parties on its completion upon request.
Evidentiary Hearing. The procedures for the arbitration of a dispute shall provide for an evidentiary hearing, with provision for the cross-examination of witnesses, unless all parties consent to the resolution of the matter on the basis of a written record. The forms and methods for taking evidence shall be as described in the Federal Rules of Evidence, except as modified by the procedures established by the Alternate Dispute Resolution Committee, the arbitrator(s) or agreement of the parties. The arbitrator(s) may require such written or other submissions from the parties as shall be deemed appropriate, including submission of the direct testimony of witnesses in written form. The arbitrator(s) may exclude any evidence that is irrelevant, immaterial, unduly repetitious or prejudicial, or privileged. Any party or parties may arrange for the preparation of a record of the hearing, and shall pay the costs thereof. Such party or parties shall have no obligation to provide or agree to the provision of a copy of the record of the hearing to any party that does not pay an equal share of the cost of the record. At the request of any party, the arbitrator(s) shall determine a fair and equitable allocation of the costs of the preparation of a record between or among the parties to the proceeding willing to share such costs.
Evidentiary Hearing. 6 4.9 Confidentiality................................... 7 4.9.1 Designation..................................... 7 4.9.2 Compulsory Disclosure........................... 7 4.9.3 Public Information.............................. 7 4.10 Timetable........................................ 8 4.11
Evidentiary Hearing. 20.12. The grievant may appeal the decision at Step 2 to the Board of Supervisors for a binding decision within five (5) working days of receiving the decision from Step 2 by filing a written appeal with the Board of Supervisors. The employee shall simultaneously provide a copy of the appeal to his or her Agency/Department Head. Failure to timely file the appeal shall be deemed a waiver of the right to appeal the decision to the Board of Supervisors.
Evidentiary Hearing. Within ten (10) calendar days after receipt of the recommendation, the affected faculty member may deliver to the Senior Vice President for Academic and Student Services or designee a written request that the matter be the subject of an evidentiary hearing. If the affected faculty member fails to request an evidentiary hearing, the faculty member's right to a hearing shall be waived and the Senior Vice President for Academic and Student Services or designee shall act on the recommendation.
Evidentiary Hearing. 32 1. The employee in the bargaining unit shall receive a full evidentiary hearing on 33 the proposed disciplinary action only if a written demand for such a hearing is 34 delivered to the Superintendent within ten (10) calendar days of the written 35 notice of proposed disciplinary action. In the absence of a demand for a full 36 evidentiary hearing, the Superintendent shall act upon the charges after the time 37 period for hearing demand has expired.
Evidentiary Hearing. An evidentiary hearing with provision for the examination and cross-examination of witnesses shall be conducted unless all parties consent in writing to the resolution of the matter on the basis of the written record. The forms and methods for taking evidence shall be determined by the arbitrator(s) and may be modified pursuant to Section 12 of the Procedures. The arbitrator(s) may require such written or other submissions from the parties as deemed appropriate by the arbitrator(s), including submission of direct and rebuttal testimony of witnesses in written form. The arbitrator(s) may exclude any evidence that is irrelevant, immaterial, unduly repetitious, unduly prejudicial or privileged. The arbitrator(s) shall compile a complete evidentiary record of the arbitration hearing (that may include a summary of testimony presented and the briefs, affidavits and exhibits submitted), which shall be available to the parties upon request on completion of the arbitration.
Evidentiary Hearing. An evidentiary hearing before a neutral hearing officer shall be arranged for by the Assistant City Manager or his/her designee and shall, absent extenuating circumstances, be held within thirty (30) working days of the receiving the Notice of Appeal. The hearing shall be closed and confidential. Prior to the hearing, the Assistant City Manager or his/her designee shall supply the hearing officer with (1) the Notice of Intent and any attachments, (2) the Xxxxxx hearing officer's written recommendation, and (3) the Notice of Discipline and any attachments. Other hearing procedures are as follows:
