Common use of The Hearing Clause in Contracts

The Hearing. For Phase I and II actions, the employee may submit a written request for hearing to the Hearing Officer. The Hearing Officer will review the request and determine if there is a basis for a formal hearing. An alternate informal process exists which would allow the employee and his/her representative to meet and discuss the phase placement in accordance with the established open door policy of the Department. For Phase III appeals, the Hearing Officer will determine the parties to be present at the hearing, except that the affected employee will be present, and a maximum of two (2) representatives of the employee's choice. In general, witnesses will not be called or allowed; however, the affected employee may submit written statements from the employee (or others) which will support the appeal. The entire appeal hearing will be tape recorded. The tape will be kept (and be available) in the Administration Division, and will be erased when the phase is no longer in effect. Upon his request and at his expense, the employee may tape the hearing. The Hearing Officer will weigh all testimony and attempt to determine the facts surrounding the phase placement.

The Hearing. For Phase I and II actions, the employee may submit a written request for hearing to the Hearing OfficerCommander not in the employee's chain of command. The Hearing Officer Commander will review the request and determine if there is a basis for a formal hearing. An alternate informal process exists which would allow the employee and his/her representative to meet and discuss the phase placement in accordance with the established open door policy of the Department. For Phase III appeals, the Hearing Officer Commander will determine the parties to be present at the hearing, except that the affected employee will be present, and a maximum of two (2) representatives of the employee's choice. In general, witnesses will not be called or allowed; however, the affected employee may submit written statements from the employee (or others) which will support the appeal. The entire appeal hearing will be tape recorded. The tape will be kept (and be available) in the Administration Division, and will be erased when the phase is no longer in effect. Upon his request and at his expense, the employee may tape the hearing. The Hearing Officer Commander will weigh all testimony and attempt to determine the facts surrounding the phase placement.