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Rules for Hearings

October 14, 2006

  1. Prehearing Conference:
    1. A prehearing conference shall be conducted by the Panel Chair, which shall be attended by the designated prosecutor, the respondent and the complainant, if known, as well as any attorney designated by either the complainant or the respondent to represent his or her interests.
    2. During the conference, the Panel Chair shall address the following matters:
      1. Formulation of Issues
      2. Stipulations or admissions
      3. Identification and limitation of witnesses
      4. Identification and exchange of documents
      5. Supplying of documents to The Panel members
      6. Time for presentation of factual and legal contentions
      7. Any other matters which arise and may aid in disposition of the complaint
      8. Scheduling of a hearing date
  2. There shall be no communication with the Panel members except as authorized by these rules and then only if a copy of the communication is provided to all parties.
  3. At the hearing, all witnesses shall be sworn.
  4. The prosecutor shall present the complainant's case, unless the complainant requests that his or her own counsel make the presentation.
  5. The complainant may present all proofs and witnesses who shall be subject to cross-examination by the respondent. In the event either party is represented by counsel, then only counsel shall conduct the examination of witnesses.
  6. The respondent shall then present all proofs and witnesses, who shall also be subject to cross-examination.
  7. The only documents which may be referred to or placed into evidence are those which have both been exchanged by the parties and supplied to the Panel members.
  8. No affidavits shall be accepted as evidence unless the offering party has made a diligent effort to obtain the presence of the witness and the other party has been notified in advance. The Panel Chair shall make the decision respecting admissibility. The affidavit shall be given such weight as it is entitled to after taking into consideration all objections.
  9. The Panel Chair shall make all decisions respecting admissibility, relevancy and materiality; however, strict adherence to the formal rules of evidence shall not be required.
  10. Upon conclusion of the hearing and any closing statements, which at the discretion of the Panel Chair may be in writing, the hearing shall be declared closed.
  11. Any adjournment requests by any party shall be dealt with by the Panel Chair in the Chair's sole discretion, taking into account all circumstances presented and reasons given in support of and in opposition to such request.
  12. Should either party fail to appear at a scheduled hearing, the Panel members shall determine whether to continue without such appearance, whether to adjourn the hearing or whether to impose any other sanctions for such failure.
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