Hearing Officer’s Decision Clause Samples

Hearing Officer’s Decision. At the conclusion of the hearing, the hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. If the hearing officer finds the charges have been proven, he/she may order the reprimand of the employee, a suspension without pay, a demotion, dismissal of the employee, or a dismissal of the charges. When the decision is to levy discipline, the hearing officer shall make specific written findings of fact and conclusions of law as to each charge. Thereafter the order and findings shall be served upon the employee personally or by certified mail at his/her last address as shown in the record of the District. The hearing officer’s decision shall be announced in public session of the Board of Trustees. The hearing officer’s decision shall become final after completion of the above. The employee or his or her representative may obtain a copy of the transcript of the hearing at his or her cost upon written request to the District.

Hearing Officer’s Decision. Within a reasonable time after the disciplinary hearing, the Hearing Officer shall issue a written decision containing findings of fact and conclusions of law. The Hearing Officer shall have the authority to affirm, revoke or reduce the disciplinary action imposed against the employee. Except as otherwise provided for in this Memorandum of Understanding, the Hearing Officer’s decision constitutes a final resolution of any disciplinary action and no further appeal shall be permitted within the City’s administrative process.

Hearing Officer’s Decision. The hearing officer shall render his decision as soon after the conclusion of the hearing as possible and in no event later than thirty (30) working days after conducting the hearing. His decision shall set forth which charges, if any, are sustained and the reasons therefore. The hearing officer's written findings and conclusions, which support his/her decision, shall be filed with the City, the charged employee and his/her representative, if any. Except as provided hereinafter, the decision of the hearing officer is final and binding and shall be implemented by the City Manager. The cost of the hearing and the hearing officer's fees shall be borne equally by the parties. Notwithstanding the foregoing, in the case of an appeal over an employee termination, the decision of the hearing officer shall be subject to review by the City Council. The City Council, by a minimum of four-fifths (4/5) affirmative votes, may sustain, reject or modify the decision of the hearing officer. Upon request, the affected employee or his/her representative shall be permitted to address the City Council in closed session prior to the City Council taking action on the appeal. The decision of the City Council shall be final and binding.

Hearing Officer’s Decision. The Hearing Officer shall, within 30 calendar days after the hearing is closed, make a finding as to whether or not the employee was suspended, demoted, or dismissed for the reasonable cause set forth in the notice of disciplinary action and shall also make a recommendation as to the appropriate disposition of the case. Written findings and recommendations shall be forwarded by the Hearing Officer to the Court. The Court shall have 30 calendar days from receipt of the Hearing Officer’s recommended decision or receipt of the hearing record, which every is later, to issue a written decision accepting, rejecting or modifying the Hearing Officer’s decision.

Hearing Officer’s Decision. Upon conclusion of the administrative hearing, the hearing officer shall provide both the General Manager and the employee, and the MEBU group representative with copies of his or her decision on the merits of the appeal with references to, and a discussion of, the evidence presented. The hearing officer’s decision shall be an advisory opinion only, non- binding on either party; provided that if neither party refers the appeal to the Board of Directors within thirty (30) calendar days of receipt of the hearing officer’s decision, the hearing officer’s decision shall become final. The hearing officer’s fees and expenses shall be borne equally by the Parties. If either party requires a transcript, that party shall bear the entire cost of such transcript.

Hearing Officer’s Decision. (a) Within 30 days of the conclusion of the hearing, the hearing officer shall issue a written decision affirming, modifying, or vacating the Agency Executive Director’s determination. If the hearing officer vacates the Agency’s determination in its entirety, that decision shall also vacate any assessment of liquidated damages. If the hearing officer affirms the Agency’s determination, the hearing officer shall issue a decision upholding the Agency’s determination , including the amount of the liquidated damages assessed by the Agency. With respect to liquidated damages, the hearing officer’s jurisdiction to modify the Agency’s assessment is limited and the following procedures apply. If the hearing officer modifies the Agency Executive Director’s determination, the hearing officer shall transmit the decision to the Agency Executive Director, who shall within five business days modify the assessment of liquidated damages consistent with the hearing officer’s decision based on the criteria set forth in Section 6.1(f) and transmit the modified assessment to the hearing officer. Upon receiving the modified assessment from the Agency, the hearing officer shall within three business days issue a final decision, which shall include the amount of the liquidated damages assessment as modified by the Agency. (b) The hearing officer’s decision shall consist of findings and a determination, which shall be final. The Contractor may seek review of the hearing officer’s decision only by filing in the San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure Section 1094.5, as it may be amended from time to time. (c) The failure of the hearing officer to comply with the time requirements of this Section 7 shall not cause the hearing officer to lose jurisdiction over an appeal from the Agency Executive Director’s determination filed under this Section 7. (d) Upon the hearing officer’s decision affirming or modifying the Agency Executive Director’s determination, the Contractor shall take the corrective action, including the payment of liquidated damages, if any, within 14 days of receiving the hearing officer’s decision. When a Contractor fails to take corrective action within the time required by the provisions of this Subsection, the Agency may immediately pursue all available remedies against the Contractor.

Hearing Officer’s Decision. 7.1 Within forty-five (45) calendar days after the conclusion of disciplinary appeal hearing, including final briefing, the hearing officer shall issue a non-binding written decision containing findings of fact and conclusions of law. 7.2 The City Manager may adopt, reject, or modify the decision, or request additional evidence as deemed necessary, but shall issue a final administrative decision within forty-five (45) calendar days of receipt of the hearing officer’s proposed decision. 7.3 Per CCP section 1094.5, et seq., within 90 days of receipt of the City Manager’s final administrative decision, either party may challenge the final administrative decision via writ of administrative mandamus.

Hearing Officer’s Decision. The hearing officer shall render his/her decision as soon after the conclusion of the hearing as possible and in no event later than ten (10) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The hearing officer's written findings and conclusions which support his/her decision shall be filed with City, the charged employee and his/her representative, the City Clerk, and the City Manager. The decision of the hearing officer is final and binding and shall be implemented by the personnel officer, subject only to the appropriate legal recourse of City or Association pursuant to CCP Section 1094.5 The cost of the hearing and the hearing officer's fees shall be borne equally by the parties.