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EXHIBIT B <br />E. Conduct of Hearing <br />The hearing shall be conducted in an informal manner with strict rules of <br />evidence not applicable. Unnecessary technicalities should be avoided. It should <br />provide the flexibility to enable adjustment to the circumstances presented. <br />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 decisions <br />and thus should not be subordinate to the Santa Ana LWIA or its sub - recipients. <br />The hearing officer will be selected from a list of names on file with the EO <br />Officer. <br />Full regard must be given to the requirements of due process to insure a fair and <br />impartial hearing. <br />The hearing office designated by the EO 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 should <br />be adapted to the needs of the specific situation. The hearing officer might take <br />testimony under oath or affirmation to give some assurance of veracity to the <br />hearing. <br />The burden of proof should be reasonable and flexible, dependent upon the <br />circumstances of the case involved. The hearing officer determines the order of <br />proof. Generally, the party making the complaint has the obligation of <br />establishing his or her case and should be examined first. <br />It is important that the hearing officer obtain the fullest information for the record. <br />If the parties involved, or their representatives, do not know how to ask the right <br />or pertinent questions in pursuing their right to due process, it shall be necessary <br />for the hearing officer to step in to have all the materials and relevant facts <br />elicited. <br />The practice in these type of hearings is generally not to apply strict rules of in <br />obtaining facts. However, the quantity of evidence required to support a decision <br />on an issue should be sufficiently credible that the state (or other appropriate <br />agency), upon reviewing the decision, would conclude that the decision is <br />supported by substantial evidence. <br />The hearing officer should attempt to negotiate a resolution of the issue at any <br />time prior to the conclusion of the hearing. <br />Within ten (10) days of the conclusion of the hearing, the hearing officer will issue <br />a recommended decision to the LWIA for final determination. The recommended <br />5 <br />