Hearing Procedure. Prior to initiating the hearing procedure, the school official, the parent(s) or the guardian may request a conference to provide an opportunity for the parent(s)/guardian(s) and school official(s) to discuss the situation, present information, obtain an explanation of data submitted in the application and the decisions rendered. Such a conference shall not in any way prejudice nor diminish the right to a fair hearing. The designated hearing official shall ensure that the hearing procedure provides the following for both the household and the LEA:
Hearing Procedure. The parties shall meet within five (5) working days of the referral to arbitration and select the Arbitrator in the manner set out above. Within two (2) working days following the selection, the Association shall have a Letter of Appointment delivered to the Arbitrator. That Letter shall advise the Arbitrator of the name of the faculty member involved, and advise that he/she
a. has been appointed by agreement of the parties under either Article13.03.b.iv or Article 13.03.c.i(1);
b. is vested with jurisdiction over the grievance upon receipt of this Letter;
c. must comply with this Expedited Procedure, a copy of which will be enclosed with the Letter of Appointment;
d. must complete the hearings and communicate his/her decision to the parties within thirty (30) days following receipt of the Letter, and provide the parties with written reasons for his/her decision no later than sixty (60) days following receipt of the Letter;
e. must hold a pre-hearing meeting of counsel no later than fifteen (15) days following receipt of the Letter; and
f. will order the parties to provide him/her with and exchange documents known to be relevant to the Issue, a Joint Statement of Agreed Facts, and a statement of each party's position on the merits of the grievance, all within ten (10) days following his/her pre-hearing meeting of counsel.
Hearing Procedure. The hearing shall proceed according to the American Arbitration Association's "National Rules for the Resolution of Employment Disputes" as amended and effective June 1, 1997, with the following amendments:
1. The Arbitrator shall rule at the outset of the arbitration on procedural issues that bear on whether the arbitration is allowed to proceed.
2. Each party has the burden of proving each element of its claims or counterclaims, and each party has the burden of proving any of its affirmative defenses.
3. In addition to, or in lieu of closing argument, either party shall have the right to present a post-hearing brief, and the due date for exchanging any post-hearing briefs shall be mutually agreed on by the parties and the Arbitrator.
Hearing Procedure. 9.4.1 The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearings and report findings and recommendations to the Commission.
9.4.2 Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings.
9.4.3 The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence.
9.4.4 Each side will be permitted an opening statement (Board first) and closing arguments (unit member first). The Board shall first present its witnesses and evidence to sustain its charges and the unit member will then present his/her witnesses and evidence in defense.
9.4.5 Each side will be allowed to examine and cross-examine witnesses.
9.4.6 Both the Board and the unit member will be allowed to be represented by legal counsel or other designated representation.
9.4.7 The Commission may, and shall if requested by the Board or the unit member, subpoena witnesses and/or require the production of records or other material evidence.
9.4.8 The Commission may, prior to or during a hearing, xxxxx a continuance for any reason it believes to be important to its reaching a fair and proper decision.
9.4.9 Whether the hearing is held in a public or closed session, the Commission, after it concludes the hearing may deliberate its decision in closed session. No persons other than members of the Commission, its counsel, and its staff shall be permitted to participate in the deliberations. If the Director of Human Resources or any staff is not serving full time for the Commission and/or was a witness in the proceedings, he shall also be barred from the Commission’s final deliberation.
9.4.10 The Commission shall render its judgment as soon after the conclusion of the hearing as possible and in no event later than 14 days. Its decision shall set forth which charges, if any, are sustained and the reasons therefor. The Commission’s decision shall be set forth in writing and signed by the chairman of the Commission and be sent to all parties of interest. The commission’s decision shall be final.
9.4.11 The Commission may, if it finds in favor of the unit member, include any of the following as part of its judgment: • ...
Hearing Procedure. The Committee on Service, in consultation with the President and the affected employee, will exercise its judgment as to whether the hearing should be public. However, the employee's request that the hearing be private shall be binding on the Committee on Service. The employee shall have the right to representation of his/her choice, a verbatim record of the hearing available at cost, and assistance from the employer in obtaining evidence or cooperation of witnesses. The employer shall have the burden of going forward with the evidence and the burden of proof shall be a preponderance of the evidence. The strict rules of evidence need not be applied. Witnesses and documents in addition to those specified in the notice and answer may be presented at the hearing. However, either party shall have the right to request postponement in the event of valid surprise. Both parties shall have the right to cross-examine witnesses and to make both opening and closing remarks. Any member of the bargaining unit may be requested by either party to testify or present evidence. Giving testimony or presenting evidence when so requested shall be an academic responsibility to assist in the proper Administration of University affairs within the meaning of Section 6.200. Upon conclusion of the presentation of all evidence and argument by both parties, the Committee on Service shall repair to executive session. Within ten (10) days of the date of the hearing, the Committee on Service shall have voted for discharge or retention.
Hearing Procedure a. The hearing officer shall conduct the hearing and shall rule on questions, evidence, and procedure.
b. Either party may call witnesses, introduce evidence, testify, and question witnesses.
c. The charging party has the burden of proof and shall first present evidence and testimony.
d. Normal procedures shall be followed; i.e., charging party presentation, defense cross- examination, defense presentation, charging party cross-examination, and rebuttal evidence from each party.
e. All fees and expenses of the hearing shall be shared equally by the parties.
Hearing Procedure. The hearing shall be solely on the issue raised by the complaint and the response. Complainant and the unit member may call witnesses to testify about the allegations made in the complaint or response, and may make whatever statements pertaining to the complaint which either deems desirable. Witnesses shall be sequestered at the request of either Party.
Hearing Procedure. 5.1. At hearings, the following procedures will be followed, subject to the discretion of the Chair to modify these procedures as circumstances require to ensure a fair hearing:
(a) The Chair will open the hearing, introduce the Members of the Panel, and outline how the hearing will proceed.
(b) The Clerk will introduce the appeal and confirm that notice of appeal has been provided to all parties in accordance with the Act.
(c) The Chair will ask if anyone objects to any Member of the Panel hearing the appeal and any objections may be addressed as a preliminary matter, if necessary.
(d) The Chair shall then call upon Administration to outline the matter under appeal and make submissions, if any.
(e) The Chair shall then call upon the Applicant if different from the Appellant, to make submissions, if any.
(f) The Chair shall then call upon the Appellant to make submissions, if any.
(g) The Chair shall then call upon any individuals in favour of the appeal and who are entitled to be heard by the Board in accordance with the Act to speak.
(h) The Chair shall then call upon any persons opposed to the appeal and who are entitled to be heard by the Board in accordance with the Act to speak.
(i) The Chair will then call upon the Applicant to provide closing comments, if any.
(j) The Chair will then call upon Administration to provide closing comments, if any.
(k) The Chair will then call upon the Appellant to provide closing comments, if any.
(l) Members may ask any presenter questions through the Chair at any time, although questions will generally be asked after the presenter has completed their submissions.
(m) Once Members have asked all their questions, the Chair will close the hearing.
(n) The Board shall deliberate and make its decision in private in accordance with the Act.
5.2. Submissions to the Board may be made by individuals, their agents, their consultants and their legal counsel.
5.3. All individuals who want to address the Board shall provide their full name, location of residence and indicate whether they are speaking on their own behalf, for another person, or for a group.
5.4. An individual who does not provide their identity will not be given the opportunity to address the Board.
5.5. The Chair may limit repetitious oral submissions.
Hearing Procedure. If an employee served with a recommendation for disciplinary action within 13 ten days files a request for hearing, he/she shall indicate, with concurrence 14 of the Association, whether he/she wants the Governing Board or an 15 Arbitrator to conduct the hearing. In the event an arbitrator is to conduct 16 the hearing, the provisions set forth in Step III of Article VII - Problem 17 Resolution/Grievance Procedure shall apply. Any decision rendered by the 18 arbitrator shall be advisory to the Board.
Hearing Procedure. The issue(s) submitted to the arbitrator must be set forth in the request for arbitration. The arbitrator shall have no authority to frame the statement of the issue(s). Unless otherwise agreed by the parties, the arbitration hearing shall be governed by the formal rules of evidence contained in the California Evidence Code. The parties shall mutually agree on the number of days required for hearing. The hearing shall be recorded and transcribed verbatim by a certified shorthand reporter. Each party shall bear its own costs with respect to a copy of the transcript of the hearing; however, the parties shall each be responsible for one-half the cost of the court reporter's fee and the arbitrator's copy of the hearing transcript.
