Common use of Hearing Officer's Authority Clause in Contracts

Hearing Officer's Authority. i. The hearing officer shall have full authority to decide the appeal, including questions of fact and conclusions of law, but shall be bound by all applicable codes, rules, policies, procedures, and regulations. The hearing officer shall also be bound by the terms of this MOU. ii. The hearing officer shall preside over a hearing at which evidence and arguments of the parties may be presented. Except as otherwise mutually agreed by the parties, the hearing officer shall determine the procedures to be followed for the hearing, with due regard for the rights of the parties. iii. The hearing officer shall rule on all evidentiary matters and need not follow the strict rules of evidence. iv. The burden is on the moving party to prove any charge by a preponderance of the evidence. v. The hearing officer shall administer oaths, as authorized by law. vi. The hearing officer shall issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of evidence, as authorized by law. vii. The hearing officer shall issue a written decision within 30 (thirty) calendar days of the close of the hearing. However, failure of the hearing officer to issue a timely decision shall not constitute grounds for challenging the decision as being beyond the hearing officer's authority.