PRP.7.14.030 Grievance Hearing Procedure

(a) The hearing shall be held before the Executive Director.

(b) The complainant shall be afforded a fair hearing providing the basic safeguards of due process which shall include:

(1) The opportunity to examine before the hearing and, at the expense of complainant, to copy all documents, records and regulations of the Authority that are relevant to the hearing. Any document not so made available after request therefore by the complainant may not be relied on by the Authority at the hearing.

(2) The right to be represented by counsel or another person chosen as his/her representative.

(3) The right to a private hearing unless the complainant requests a public hearing, but this shall not be construed to limit the attendance of persons with a valid interest in the proceedings.

(4) The right to present evidence and arguments in support of his/her complaint, to controvert evidence relied on by the Authority, and to confront and cross examine all witnesses on whose testimony or information the Authority relies.

(5) A decision based solely and exclusively upon the facts presented at the hearing.

(c) The Executive Director may render a decision without proceeding with the hearing if the Executive Director determines that the issue has been previously decided in another proceeding.

(d) If the complainant fails to appear at the scheduled hearing, the Executive Director may make a determination to postpone the hearing for not to exceed five business days or may make a determination that the party has waived his/her right to a hearing. The complainant shall be notified of the determination by the Executive Director; provided, that a determination that the complainant has waived his right to a hearing shall not constitute a waiver of any right the complainant may have to contest the Authority's disposition of the grievance in an appropriate judicial proceeding.

(e) At the hearing, the complainant must first make a showing of an entitlement of the relief sought. The Authority must sustain the burden of justifying the Authority action or failure to act against which the complaint is directed.

(f) The hearing shall be conducted informally and oral or documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The Executive Director shall require the complainant, counsel and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with the directions of the Executive Director to obtain order may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party and granting or denial of the relief sought as appropriate.

(g) The complainant may arrange, in advance and at his/her own expense, for a transcript of the hearing. Any interested party may purchase a copy of the transcript.