Common use of TIMING AND CONDUCT OF HEARING Clause in Contracts

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee may be represented by UPE; or, if the employee chooses not to be represented by UPE, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearing. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. UPE shall have the right to attend the hearing if UPE is not chosen by the employee as his/her representative. e. The Court may also be represented by counsel. f. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. Oral evidence shall be taken only on oath or affirmation. h. A Court reporter shall take a transcript of the hearing. i. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing. j. Each party shall have these rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness; and to rebut evidence. The appellant may be called and examined as if under cross-examination. k. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may shall be a private or public hearing as determined hearing. 1. After an arbitrator has been selected and dates have been circulated, any failure by the employeeappellant to select an arbitration date within thirty (30) days shall result in the withdrawal of the appeal, unless such failure is a result of the inaction of the County. 2. In the event of a cancellation of a scheduled arbitration, the parties will select a replacement date within fifteen (15) days, any failure by the appellant to select a replacement date within fifteen (15) days shall result in the withdrawal of the appeal, unless such failure is a result of the inaction of the County. b. The employee may shall be represented by UPE; or, if the employee chooses not to be represented by UPE, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearingSacramento County Alliance of Law Enforcement. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. UPE shall have the right to attend the hearing if UPE is not chosen by the employee as his/her representative. e. The Court appointing authority may also be represented by counsel. f. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. f. Oral evidence shall be taken only on oath or affirmation. h. g. A Court court reporter shall take a transcript of the hearing. i. h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing. j. i. Each party shall have these rightsParty Shall Have These Rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness; and to rebut evidence. The appellant may be called and examined as if under cross-examination. k. j. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may shall be a private or public hearing as determined hearing 1. After an arbitrator has been selected and dates have been circulated, any failure by the employeeappellant to select an arbitration date within thirty (30) days shall result in the withdrawal of the appeal unless such failure is a result of the inaction of the County. In circumstances where a date is not selected within thirty (30) days because the parties were unable to find a common date amongst those provided, the appeal shall not be considered withdrawn. 2. In the event of a cancellation of a scheduled arbitration, the parties will select replacement date within fifteen (15) days, any failure by the appellant to select a replacement date within fifteen (15) days shall result in the withdrawal of the appeal, unless such failure is a result of the inaction of the County. In circumstances where a date is not selected within fifteen (15) days because the parties were unable to find a common date amongst those provided, the appeal shall not be considered withdrawn. b. The employee may shall be represented by UPE; or, if the employee chooses not to be represented Association and counsel chosen by UPE, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearingAssociation. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. UPE shall have the right to attend the hearing if UPE is not chosen by the employee as his/her representative. e. The Court appointing authority may also be represented by counsel. f. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. f. Oral evidence shall be taken only on oath or affirmation. h. g. A Court court reporter shall take a transcript of the hearing. i. h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing. j. Each party shall have these rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness; and to rebut evidence. The appellant may be called and examined as if under cross-examination. k. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee may shall be represented by UPE; orSCMA, if the employee chooses not to be represented and counsel chosen by UPE, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearingSCMA. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. UPE shall have the right to attend the hearing if UPE is not chosen by the employee as his/her representative. e. The Court appointing authority may also be represented by counsel. f. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. f. Oral evidence shall be taken only on oath or affirmation. h. g. A Court court reporter shall take a transcript of the hearing. i. h. The arbitrator may consider the records or any relevant and admissible prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing. j. i. Each party shall have these rightsParty Shall Have These Rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness; and to rebut evidence. The appellant may be called and examined as if under cross-examination. k. j. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in on the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee may shall be represented by UPE; orSCPSA, if the employee chooses not to be represented and counsel chosen by UPE, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearingSCPSA. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. UPE shall have the right to attend the hearing if UPE is not chosen by the employee as his/her representative. e. The Court appointing authority may also be represented by counsel. f. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. f. Oral evidence shall be taken only on oath or affirmation. h. g. A Court court reporter shall take a transcript of the hearing. i. h. The arbitrator may consider the records or any relevant and admissible prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing. j. i. Each party shall have these rightsParty Shall Have These Rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness; and to rebut evidence. The appellant may be called and examined as if under cross-examination. k. j. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in on the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may shall be a private or public hearing as determined hearing. 1. After an arbitrator has been selected and dates have been circulated, any failure by the employeeappellant to select an arbitration date within thirty (30) days shall result in the withdrawal of the appeal unless such failure is a result of the inaction of the County. In circumstances where a date is not selected within thirty (30) days because the parties were unable to find a common date amongst those provided, the appeal shall not be considered withdrawn. 2. In the event of a cancellation of a scheduled arbitration, the parties will select replacement date within fifteen (15) days, any failure by the appellant to select a replacement date within fifteen (15) days shall result in the withdrawal of the appeal, unless such failure is a result of the inaction of the County. In circumstances where a date is not selected within fifteen (15) days because the parties were unable to find a common date amongst those provided, the appeal shall not be considered withdrawn. b. The employee who is subject to disciplinary action may be represented by UPE; or, if the employee chooses not to be represented by UPE, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearingrepresentative of this/her choice. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. UPE Sacramento County Alliance of Law Enforcement shall have the right to attend the hearing if UPE Sacramento County Alliance of Law Enforcement is not chosen by the employee as his/her representative. e. The Court appointing authority may also be represented by counsel. f. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. Oral evidence shall be taken only on oath or affirmation. h. A Court court reporter shall take a transcript of the hearing. i. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing. j. Each party shall have these rightsParty Shall Have These Rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness; and to rebut evidence. The appellant may be called and examined as if under cross-examination. k. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

TIMING AND CONDUCT OF HEARING. a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee. b. The employee may shall be represented by UPE; orSCMA, if the employee chooses not to be represented and counsel chosen by UPE, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearingSCMA. c. The employee shall be entitled to appear personally at the hearing and produce evidence. d. UPE shall have the right to attend the hearing if UPE is not chosen by the employee as his/her representative. e. The Court appointing authority may also be represented by counsel. f. e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law. g. f. Oral evidence shall be taken only on oath or affirmation. h. g. A Court court reporter shall take a transcript of the hearing. i. h. The arbitrator may consider the records or any relevant and admissible prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing. j. i. Each party shall have these rightsParty Shall Have These Rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness; and to rebut evidence. The appellant may be called and examined as if under cross-examination. k. j. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.