Hearing Panel. The Disciplinary Action shall be reviewed by a three member Hearing Panel. The employee shall cooperate to schedule a hearing within the time guidelines, and shall comply with the pre-hearing conference procedures as dictated by these rules and the Hearing Officer, including identification of witnesses and exchange of evidence. Upon preparing and filing the Notice of Appeal, the employee shall promptly identify a City employee to serve on the Hearing Panel.
1. The Hearing panel shall consist of three individuals. One Hearing Panel member shall be a City employee selected by the appellant. Another panel member shall be a City Council member selected by the City. These panel members shall select the third panelist, who will be the Hearing Officer.
2. The Hearing Officer shall chair the Hearing Panel. If the Hearing Officer is not an attorney, the City Manager shall appoint a legal advisor to advise the Hearing Officer on all matters, including the admissibility of evidence. Said legal advisor shall be subject to disqualification for any of the grounds listed in Government Code Sections 11425.30 and 11425.40
3. No panel member may be otherwise involved in the appeal nor may they be a witness to the facts underlying the action.
4. Failure on the part of the City or the appellant to appear before the Hearing Panel, without good cause as determined by the Hearing Officer, shall result in their forfeiture of the case.
Hearing Panel. The Disciplinary Action shall be reviewed by a Hearing Panel. The employee shall cooperate to schedule a hearing within the time guidelines, and shall comply with the pre-hearing conference procedures as dictated by these rules and the Hearing Officer, including identification of witnesses and exchange of evidence. Upon preparing and filing the Notice of Appeal, the employee shall promptly identify a City employee to serve on the Hearing Panel.
1. One Hearing Panel member shall be a City employee selected by the appellant and one panel member shall be a City employee selected by the employee’s Department Head. The third panel member shall be the Hearing Officer who will chair the Hearing Panel and conduct the hearing. If the Hearing Officer is not an attorney, the City Manager shall appoint a legal advisor who will advise the Hearing Officer on the admissibility of evidence.
Hearing Panel. (1) For any proceeding held pursuant to this Alternate Disciplinary Procedure, a panel of four (4) hearing officers will be selected mutually by the County and the Union from which the selection of a hearing officer will be made. As of January 1, 2014, the panel shall consist of: (a) Xxxxxx Xxxxxxxx; (b) Xx. Xxxx Xxxxxxx; (c) Xxxxxxx Xxxxxxxx; and (d) Xxx Xxxxxx. Said list will remain in existence during the term of this Procedure. Hearing officers shall serve on a rotating basis. The cost for hearing officers’ services for hearings held under Section 5 of this Alternate Disciplinary Procedure shall be split evenly between the parties, or in the event the employee chooses private counsel, the cost shall be split evenly between the County and the employee.
(2) Should a member of the panel notify the parties that he/she does not wish to serve any longer or if the parties mutually agree to replace a panel member, then the parties shall replace the panel member within thirty (30) calendar days. If the parties are unable to mutually agree upon a replacement, the remaining panel member(s) shall select the replacement within thirty (30) calendar days.
Hearing Panel. A. A panel consisting of three (3) persons shall be convened for the hearing. The hearing panel shall be comprised of a Hearing Officer who is appointed by the Chairman of the Board of Supervisors, a person appointed by the Human Resources Director, and a County employee appointed by the officer. The Hearing Officer shall issue the majority decision to the Department Head and the officer. The hearing panel's decision shall be final and binding upon the Department Head.
B. The Human Resources Director shall have ten (10) days after being notified of the hearing date to notify the Hearing Officer of the name of the person appointed to sit as a representative on the hearing panel.
C. The officer shall have ten (10) days after being notified of the hearing date to notify the Hearing Officer of the name of the person s/he appoints to sit as a representative on the hearing panel.
D. If the officer fails to notify the Hearing Officer of the name of the appointee on the hearing panel within ten (10) days of notification of the hearing date the ability to appoint a representative shall be deemed waived by the officer, and the hearing may proceed and be heard by the Hearing Officer and the other panelist appointed by the Human Resources Director.
Hearing Panel. Employees who elect to have a disciplinary action reviewed by a Hearing Panel waive the right to judicial review of the final decision of the Hearing Panel under Xxx. Code Civ. Proc. 1094 et seq. The Disciplinary Action will be reviewed by the Hearing Panel consisting of one County employee selected by the appellant, one person selected by the department and one person appointed by the Board of Supervisors. No panel member may be otherwise involved in the appeal nor may they be a witness to the facts underlying the action. The Board appointed member shall chair the committee and shall be the hearing officer as set forth in Section III above. If the Board appointed member is not an attorney, the Board shall also appoint a legal advisor who will advise the committee chair on the admissibility of evidence.
36.3.1 Each party shall have the right to subpoena witnesses. The Board of Supervisors will, on request, issue in blank subpoenas.
36.3.2 Each party shall select their panel member and notify the Human Resources Director within fifteen (15) calendar days after notice of the filing of the appeal. Failure by either party to select without good cause as determined by the Panel Chairman, shall result in forfeiture of the case.
36.3.3 Failure on the part of the County or the appellant to appear before the Hearing Panel, without good cause as determined by the Panel Chairman, shall result in forfeiture of the case.
36.3.4 The decision of the Hearing Panel shall be by majority vote and shall be made in writing within sixty (60) calendar days after the filing of the appeal. This limit may be extended an additional thirty (30) days by the Chairman of the Panel upon showing by either party of reasonable cause for delay to the satisfaction of the Chairman. The decision of the Hearing Panel shall be final and binding on all parties and shall not be subject to judicial review under Cal. Code Civ. Proc 1094 et seq.
36.3.5 The Panel Chairman shall maintain the record of the hearing and all exhibits.
Hearing Panel. The hearing panel for any disciplinary action shall be composed of at least one administrator, one faculty member, andonestudent. -, -...--.. r I " • -·---'11 '· : The Cha ncellor/Xxxxx xxx, the president of the Academic Senate, and the Associate Students president shall each, at the begin n i ng of the academic year, establish a list of at least five persons who will serve on student disci plina ry hea ri ng panels. The Chancellor/Desig nee shall appoint the heari ng pa nel from the na mes on these lists. However, no admi nistrator, faculty mem ber or student who has any personal i nvolvement i n the matter to be decided, who is a necessa ry witness, or who could not otherwise act in a neutral manner shall serve on a hearing panel. Hearing Panel Chair -The Cha ncellor/Designee shall appoint one member of the pa nel to serve as the chair. The decision of the hearing panel chair shall be final on all matters·relating to the cond uct of the hea ri ng u nless there is a vote by both other mem bers of the panel to the contrary. Conduct of the Hearing - The members of the heari ng pa nel shall be provided with a copy of the accusation against the student and any written response provided by the student before the hearing begins. The facts supporting the accusation shall be presented by a college representative who shall be the VPSS/Designee. The college representative and the student may call witnesses and introduce oral and written testimony relevant to the issues of the matter. Formal rules of evidence shall not apply. Any releva nt evidence shall be admitted. U nless the hea ri ng pa nel determines to proceed otherwise, the college representative and the student shall each be permitted to ma ke a n open i ng statement. Thereafter, the college representative shall ma ke the first presentation, followed by the student. The college representative may present rebuttal evidence after the student com pletes his/her evidence. The bu rden shall be on the college representative to prove by substantial of evidence that the facts alleged are true. The student may represent himself/herself, and may also have the right to be represented by a person of his/her choice. Hea ri ngs shall be dosed and confidential u nless the student req uests that it be open to the pu blic. Any such req uest m ust be made no less than 5 days prior to the date of the hea ri ng. I n a closed hea ri ng, witnesses shall not be present at the hearing when not testifying, u nless all pa rties and ...
Hearing Panel. The Company Medical Director or designee will select the Members of the hearing panel. The hearing panel will be comprised of at least three (3) individuals not involved in the original decision. Only hearing panel Members not involved in the original decision may vote. No person with an economic interest in an entity in direct competition with the appealing HDO may serve on the hearing panel. At least one of the hearing panel Members will be a participating Practitioner with some experience with the type of HDO in question, but without any other role in network management. The hearing panel will be chaired by the Company’s Medical Director, or designee, who is entitled to vote and who is counted as a member of the hearing panel.
Hearing Panel. A three member panel selected in accordance with and this procedure to hear grievances and render a decision with respect thereto.
Hearing Panel. When the provider requesting the Formal Hearing is a physician in the Medicare Advantage program, the Company Medical Director or designee will select the members of the hearing panel. The hearing panel will be comprised of at least three (3) practitioners not involved in the original decision. Only hearing panel members not involved in the original decision may vote. No person who is in direct economic competition with the practitioner may serve on the hearing panel. Two of the hearing panel members will be clinical peers. The hearing panel will be chaired by the Company’s Medical Director, or designee, who is entitled to vote and who is counted as a member of the hearing panel.
Hearing Panel. The panel's decision shall be the final and conclusive resolution of the grievance procedure unless the board of trustees overturns the panel's decision by resolution at the board of trustees' next regularly scheduled public meeting or unless within forty-two (42) calendar days of the filing of the board's decision, either party appeals to the district court in the county where the school district is located. Upon appeal of the decision of the board of trustees, the district court may affirm or set aside and remand the matter to the board of trustees upon the following grounds, and shall not set the same aside on any other grounds: That the findings of fact are not based on any substantial, competent evidence; That the board of trustees has acted without jurisdiction or in excess of its power; That the findings by the board of trustees as a matter of law do not support the decision.
