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.
During the conference, the Panel Chair shall address the
Formulation of Issues
Stipulations or admissions
Identification and limitation of witnesses
Identification and exchange of documents
Supplying of documents to The Panel members
Time for presentation of factual and legal contentions
Any other matters which arise and may aid in disposition
of the complaint
Scheduling of a hearing date
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.
At the hearing, all witnesses shall be sworn.
The prosecutor shall present the complainant's case, unless the
complainant requests that his or her own counsel make the presentation.
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.
The respondent shall then present all proofs and witnesses, who shall
also be subject to cross-examination.
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
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
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.
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
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.
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.