![]() ![]() If the Board utilizes a court reporter in lieu of recording, the parties may not be prohibited from making their own recording. If a party utilizes a court reporter and orders a transcript, a copy of the transcription shall be made at the party’s expense and presented to the Professional Standards Administrator. Any party may, at the Board’s discretion, record the proceeding or utilize a court reporter at their own expense. Recording the hearing: The Board shall have a court reporter present at the hearing or shall record the proceeding. All parties shall be advised of the date of the rescheduled hearing. Permission can be given by the Chairperson. Requests for postponement must be made in writing. Parties’ requests for continuances shall only be granted when all parties mutually agree to a subsequent specified date, or when the hearing panel chair determines that denying the continuance would deny the requestor a fair hearing. Postponement of hearing: Postponement may be granted if there are extenuating circumstances. Associations may, at their sole discretion, hold hearings where all parties must participate virtually. If the hearing is in person, testimony provided in the physical presence of the Hearing Panel is preferred, however, parties and witnesses to ethics hearings may be permitted to participate virtually in hearings at the discretion of the Hearing Panel Chair. Remote Testimony: Hearings may be held in person, virtually, or a combination thereof. (To be mailed in advance to both parties.) The fourth outline is primarily of interest to tribunals and particularly to Chairpersons who preside over ethics appeals. The third outline is primarily of interest to Hearing Panels and particularly to the Chairpersons who preside over ethics hearings. This information should be provided to them well in advance of any hearing (Form #E-9 or Form #E-9a, as appropriate, Part Six). The first and second are outlines of procedural information of interest and concern primarily to the parties involved. For this reason, variation from prescribed procedures should be reviewed with Board counsel and counsel for the parties prior to implementation.įollowing are four (4) outlines. However, in modifying established procedures, care must be taken to assure that the rights and interests of all parties are protected. But procedures may and should be modified as interests of justice and truth dictate. Procedures are required to assure an orderly hearing. ![]() This means that the parties must know their rights and responsibilities in advance so they may properly prepare and present their positions. An ethics hearing must be conducted in a manner which is fair to all parties. ![]()
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