Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 54
RULE 11
estimate for the hearing and set a schedule for briefing and argument before the
Commission or hearing officer on unresolved legal issues.
(6)
The Commission or hearing officer may impose appropriate sanctions against any party
who fails to appear or participate in good faith at the pre-hearing conference. Those
sanctions may include, but are not limited to, evidentiary rulings against that party.
b. The hearing shall be called to order at the scheduled time.
c. The hearing shall be conducted informally, and the rules of evidence shall not apply.
d.
Except for good cause including evidence presented for impeachment purposes, at the
discretion of the Commission or hearing officer no witness or exhibit not identified or
presented at the pre-hearing conference will be allowed or admitted.
e.
The Commission or hearing officer shall maintain order at the hearing and may enforce its
orders through the following mechanisms:
(1) Exclusion or expulsion of witnesses;
(2) Expulsion of anyone who disturbs or disrupts the hearing or fails to follow any lawful
directives of the Commission or hearing officer.
f.
The Commission or hearing officer may establish reasonable time limits for examination and
cross-examination of witnesses.
g.
Each party may present an opening statement, with the City going first. Appellant may
reserve an opening statement until the beginning of the appellant’s case in chief.
h.
The appointing authority or department representative shall, by a preponderance of the
evidence, prove the conduct upon which the charges are based. The employee may present
witnesses and evidence in defense of the charges and may raise any affirmative defense. All
witnesses shall be subject to cross examination by the parties or the parties’ representatives
and by the Commission or hearing officer.
i.
Closing arguments shall then be presented, with the appointing authority or departmental
representative preceding the employee or his/her representative in presentation.
The
appointing authority shall be provided final rebuttal following appellant’s closing arguments.
j.
At the discretion of the Commission or hearing officer, closing briefs rather than closing
arguments may be permitted. If closing briefs are permitted, the Commission or hearing
officer shall establish a reasonable schedule for briefings.
k. Upon completion of the hearing, the chair shall recess the proceedings to deliberate in closed
session.
11.15
Deliberations:
a.
Commission: The Commission shall deliberate in closed session and make a decision
on the case. The Commission shall have no authority to substitute his/her judgment as to
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