Common use of Evidentiary Hearing Procedures Clause in Contracts

Evidentiary Hearing Procedures. Any appeal to an evidentiary hearing pursuant to subsection 16.5.3 above shall be conducted according to the provisions of the California Arbitration Act (C.C.P. Sections 1280 et. seq.) and the following additional procedures: (a) The appellant will not suffer a loss of pay for time spent participating in an appeal hearing. (b) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; and to offer a rebuttal on any evidence. If the appellant does not testify on his or her own behalf, he or she may be called and examined as if under cross-examination. (c) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. (d) The neutral hearing officer shall attempt to mediate the appeal if the mediation is jointly requested by the parties. In this case the parties may be required to waive any objection to the neutral hearing officer conducting the evidentiary hearing even though they have engaged in mediation. (e) The arbitrator shall determine if just cause for discipline exists, and if so the appropriate penalty. The arbitrator may only sustain, modify or vacate the disciplinary action being appealed. The hearing officer selected pursuant to this section shall not have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (f) The arbitrator’s decision shall be served on all parties and the Clerk of the Cosumnes Community Services District Board of Directors. The arbitrator’s decision becomes the jointly recommended proposed decision or the parties may agree to enter into a settlement agreement which adopts the arbitrator’s decision. The decision of the arbitrator, which shall be

Evidentiary Hearing Procedures. Any appeal to an evidentiary hearing pursuant to subsection 16.5.3 above shall be conducted according to the provisions of the California Arbitration Act (C.C.P. Sections 1280 et. seq.) and the following additional procedures: (a) The appellant will not suffer a loss of pay for time spent participating in an appeal hearing. (b) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; and to offer a rebuttal on any evidence. If the appellant does not testify on his or her own behalf, he or she may be called and examined as if under cross-examination. (c) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. (d) The neutral hearing officer shall attempt to mediate the appeal if the mediation is jointly requested by the parties. In this case the parties may be required to waive any objection to the neutral hearing officer conducting the evidentiary hearing even though they have he/she has engaged in mediation. (e) The arbitrator shall determine if just cause for discipline exists, and if so the appropriate penalty. The arbitrator may only sustain, modify or vacate the disciplinary action being appealed. The hearing officer selected pursuant to this section Section shall not have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. (f) The arbitrator’s decision shall be served on all parties and the Clerk of the Cosumnes Community Services District Board of Directors. The arbitrator’s decision becomes the jointly recommended proposed decision or the parties may agree to enter into a settlement agreement which adopts the arbitrator’s decision. The decision of the arbitrator, which shall bebe presented as the joint recommendation of the parties, shall be advisory to the Cosumnes Community Services District Board of Directors. The Board may accept, modify or remand the decision back to the arbitrator for reconsideration. However, the decision of the arbitrator shall become final if the Board fails to accept, modify, or the remand the decision within 15 business days of service of the decision from the arbitrator on the parties.