7.1 Pleadings and Other Documents
A. All pleadings and other documents related to a hearing shall be printed or typewritten on one (1) side of a page; and double spaced.
B. If a party is represented by an attorney, the party’s attorney shall file a notice of appearance with the Commission; and sign pleadings and other documents filed by that party. Service of pleadings and other documents upon party’s attorney shall be deemed proper service upon the party.
C. Unless a statute or these Rules specifically provide otherwise, a pleading or other document shall not be required to be verified or accompanied by affidavit.
D. Seven copies of a brief, motion, or other pleading shall be filed with the Commission.
E. For good cause shown, the Commission may permit a party to amend a pleading or other document.
7.2 Disclosures
A. At least ten (10) days prior to any scheduled hearing, the parties shall exchange the following information in writing and copies shall be filed with the Commission:
(i) The names and addresses of all persons each party intends to call as a witness and a brief summary of each witness' expected testimony.
(ii) Copies of all records or other documents each party expects to tender as evidence at the hearing.
B. Any physical evidence not easily photocopied or reproduced shall be available for inspection by the opposing party and counsel at least ten (10) days prior to the hearing.
C. Except for a showing of extraordinary circumstances, the Hearing Officer shall not permit a witness to testify or an exhibit to be admitted into evidence unless compliance has been made pursuant to this section.
D. Any objection to a witness or to the admissibility of any document or other physical evidence shall be ruled upon by the Hearing Officer.
7.3 The Hearing
A. Hearings shall be conducted by the Hearing Officer(s), who will be one or more members of the Commission, or a person(s) designated by the Commission.
B. The parties to the hearing shall be the Respondent and the Investigating Officer(s).
C. Upon motion to the Commission, the Complainant may intervene as a party to the hearing.
D. During the hearing process, the parties may be represented by legal counsel or a representative of their choosing.
E. The burden of going forward shall be with the appointed Investigating Officer.
F. All witnesses shall testify under oath, as administered by the Hearing Officer(s).
G. If requested, the Commission shall exclude the witnesses from the hearing; however, the intervening Complainant and the Respondent shall have the right to remain at all times.
H. The hearing shall proceed in accordance with the rules of examination applicable in courts of law in the Commonwealth; however, hearsay evidence shall be admissible unless clearly irrelevant or grossly prejudicial.
I. Opening and closing statements shall be allowed by both parties. The Hearing Officer(s) shall rule upon all motions made during the course of the hearing.
J. A recording or record shall be made of the hearing. A party may obtain a copy of the transcript upon payment of the appropriate fee.
K. The Commission shall stay proceedings for good cause shown upon motion of the Commonwealth Attorney or the United States Attorney having jurisdiction in the matter.
7.4 Decision of the Commission
A. At the conclusion of the hearing, the Hearing Officer(s) shall prepare and submit to the entire Commission findings of fact and conclusions of law; and a recommended order.
B. These findings and order shall be reduced to writing and distributed to members of the Commission within fifteen (15) days of the conclusion of the hearing. However, if a member of the Commission has served as the Investigating Officer, that member shall not vote on the Commission’s final decision.
C. The Commission may:
(i) Adopt the findings of fact, conclusions of law, and recommended order in whole or in part;
(ii) Issue its own findings of fact, conclusions of law, and order, including, if appropriate, any penalty; or
(iii) Take other action it deems necessary in order to reach a decision.
D. A decision of the Commission shall be in writing; and contain a statement of its findings of fact; conclusions of law, and order, including penalty, if any. The decision shall be mailed to all parties.
E. All deliberations under this Section will be held confidentially in executive session.
(Ord. 556, passed 3-17-2015)