The Hearing. At any hearing, the party bearing the burden of proof according to the governing substantive law shall present its evidence first.
The Hearing. Unless the arbitrators determine otherwise, each party shall have equal opportunity to submit its proofs and complete its case. The arbitrators shall determine the order of the hearing, and may require further submission of documents within five (5) business days after the hearing. There will be a stenographic record. The moving party, or the complainant (as the case may be) shall make arrangements directly with a stenographer, and shall notify the other party of these arrangements in advance of the hearing. A copy shall be made available for inspection by the other party and the arbitrators, at the expense of the ordering party.
The Hearing. The arbitrator shall hold the hearing in Miami-Dade County unless otherwise agreed by the parties. The hearing shall commence within sixty (60) days of the arbitrator's acceptance of selection, or as soon thereafter as is practicable. The parties shall stipulate to the issue(s) prior to the hearing before the arbitrator. If the parties are unable to stipulate to the issue(s) prior to such hearing, the parties shall proceed to a hearing on applicability of this procedure based on either procedural or substantive concerns (“applicability”). Issues of applicability shall be bifurcated from the substantive issues and, whenever possible, determined by means of a hearing conducted by conference call. The arbitrator shall have ten (10) days from the hearing on applicability to render a decision on the applicability issues. If the process is judged to be applicable to the complaint, the arbitrator shall then proceed to hear the substantive issue(s) in accordance with the provisions of this Agreement.
The Hearing a. The parties shall file briefs with the arbitrator at least three days before the hearing, specifying the facts each intends to prove and analyzing the applicable law.
The Hearing. For Phase I and II actions, the employee may submit a written request for hearing to the Commander not in the employee's chain of command. The Commander will review the request and determine if there is a basis for a formal hearing. An alternate informal process exists which would allow the employee and his/her representative to meet and discuss the phase placement in accordance with the established open door policy of the Department. For Phase III appeals, the Commander will determine the parties to be present at the hearing, except that the affected employee will be present, and a maximum of two (2) representatives of the employee's choice. In general, witnesses will not be called or allowed; however, the affected employee may submit written statements from the employee (or others) which will support the appeal. The entire appeal hearing will be tape recorded. The tape will be kept (and be available) in the Administration Division, and will be erased when the phase is no longer in effect. Upon his request and at his expense, the employee may tape the hearing. The Commander will weigh all testimony and attempt to determine the facts surrounding the phase placement.