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FULL PACKET_ 2012-06-04
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FULL PACKET_ 2012-06-04
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City Clerk
Agency
Clerk of the Council
Date
6/4/2012
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The hearing notice shall be in writing and contain the following information: <br />a. The date of notice, name of the complainant, and the name of the party against <br />whom the complaint is filed. <br />b. The date, time and place of hearing before an impartial hearing officer. <br />c. A statement(s) of the alleged violation(s) <br />d. Advise as to where information or assistance may be obtained, and the name, <br />address, and telephone number of the Santa Ana LWIA Equal Employment <br />Opportunities (EEO) Officer who can answer inquiries. <br />B. Conduct of Hearing <br />The hearing shall be conducted in an informal manner with strict rules of evidence <br />not applicable. Unnecessary technicalities should be avoided. It should provide <br />the flexibility to enable adjustment to the circumstances presented. <br />1. The hearing officer shall have complete independence to obtain facts and make <br />decisions. The hearing officer shall be in a position to render impartial <br />decisions and thus should not be subordinate to the Santa Ana LWIA or its sub <br />recipients. The hearing officer will be selected from a list of names on file with <br />the EEO Officer. <br />2. Full regard must be given to the requirements of due process to insure a fair <br />and impartial hearing. <br />3. The hearing office designated by the EEO Officer to function in a quasi - judicial <br />capacity should begin the hearing by summarizing the record and the issue and <br />should explain the manner in which the hearing will be conducted, making sure <br />that everyone involved understands the proceedings. Such explanations <br />should be adapted to the needs of the specific situation. The hearing officer <br />might take testimony under oath or affirmation to give some assurance of <br />veracity to the hearing. <br />4. The burden of proof should be reasonable and flexible, dependent upon the <br />circumstances of the case involved. The hearing officer determines the order <br />of proof. Generally, the party making the complaint has the obligation of <br />establishing his or her case and should be examined first. <br />EXHIBIT C <br />25K-55 page 33 of 54 <br />
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