Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-8-6 - Hearings Generally6.1. The Superintendent or his or her designee acting as a grievance evaluator or the hearing examiner shall conduct all hearings in an impartial manner and shall ensure that all parties are accorded procedural and substantive due process. All parties shall have an opportunity to present evidence and argument with respect to the matters and issues involved, to cross-examine and to rebut evidence. Reasonable notice of a hearing shall be sent prior to the hearing to all parties and their named representative and shall include the date, time, and place of the hearing. All such hearings shall be held at a location selected by the Superintendent and within regular working hours. Hearings may continue beyond normal working hours.6.2. Upon written request, the grievant or Superintendent shall produce prior to such hearing any documents, not privileged, which are relevant to the subject matter involved in the pending grievance.6.3. At levels 3 or 4 the Superintendent or his or her designee or the hearing examiner shall have the power to (1) administer oaths and affirmations, (2) subpoena witnesses, (3) regulate the course of the hearing, (4) hold conferences for the settlement or simplification of the issues by consent of the parties, (5) exclude immaterial, irrelevant or repetitious evidence, (6) sequester witnesses, (7) restrict the number of advocates, and take any other action not inconsistent with the provisions of this rule.6.4. All the testimony and evidence at any level three or level four hearing shall be recorded by mechanical means, and all recorded testimony and evidence at such hearing upon written request of either party or the level 4 hearing examiner, shall be transcribed and certified by affidavit.6.5. Formal rules of evidence shall not be applied, but parties shall be bound by the rules of privilege recognized by law. No member shall be compelled to testify against himself or herself in a grievance involving disciplinary action. The burden of proof shall rest with the Superintendent in disciplinary matters.6.6. The mechanical recording of all testimony and evidence or the transcription thereof, if any; the decision, and any other materials considered in reaching the decision shall be made a part and shall constitute the record of a grievance. The record shall be submitted to any level at which appeal has been made, and the record shall be considered, but the development of such record shall not be limited thereby.6.7. Prior to the decisions rendered at levels 3 or 4 any party may propose findings of fact and conclusions of law which shall be submitted in writing.6.8. Every decision rendered at levels 3 or 4, pursuant to a hearing, shall be in writing and shall be accompanied by findings of fact and conclusions of law.