Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Hearing. No final determination may be made by the Judges or
Stewards until the hearing is completed and the evidence has been received and
the party charged has been given the opportunity to hear the evidence presented
and the opportunity to defend. If a subpoenaed or noticed party fails to
appear, an order or ruling may be entered by default.
(b)
Order of Hearing. Judges
and Stewards shall have the discretion to conduct the hearing in accordance
with the following:
(1) The Judges or
Stewards shall open the hearing by indicating the date and time, make a concise
statement of its scope and purposes and announce that a record of the hearing
is being made. All witnesses shall be sworn by the Judges or
Stewards.
(2) When a hearing has
begun, a party or a party's representative may make an opening statement only
if necessary or permitted by the Judges/Steward.
(3) A party, a party's representative or any
other person or witness who may testify at the hearing shall be identified on
the record.
(4) The Judges or
Stewards may receive and review any preliminary relevant motions and afford
each party of record the opportunity to submit a subsequent written motion.
They may render a decision on the motion immediately or take that matter under
consideration.
(5) The Commission
investigators shall have the burden of proceeding in the matter first. At the
discretion of the Judges or Stewards, they may change the order of testimony of
the party or witness. A party who asserts a particular fact or issue shall have
the burden of proof of that matter.
(6) The Judges or Stewards shall afford each
party the opportunity to present the party's direct case and witnesses. Each
party, as well as the Judges or Stewards may cross examine each
witness.
(7) In the course of the
hearing, the Judges or Stewards may receive all relevant documentary evidence,
including investigative reports, video tapes, lab reports or other similar
records.
(8) At the conclusion of
all evidence and cross examination, at the discretion of the Judges or
Stewards, closing statements may be allowed and the evidentiary record shall be
closed.
(c)
Behavior. Each party, witness, attorney or other
representative shall, at all times, behave in the Judge or Steward's
proceedings with dignity, courtesy and respect for the Judges or Stewards and
all other parties and participants. An individual who violates this section may
be excluded from a hearing by the Judges or Stewards.
