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2.21.8018    HEARING

(1) A hearing shall be conducted at step III, if the grievance is filed as the result of a suspension without pay for more than 10 working days, a disciplinary demotion, or a discharge.

(2) Within 10 working days of advancement of the grievance to step III, the designated management representative shall request either:

(a) a hearings examiner assigned by the office of the attorney general; or

(b) a list of three to five potential hearings examiners from the board of personnel appeals.   An examiner shall be selected in one of the following manners:

(i) management and the grievant shall agree on one of the hearings examiners; or

(ii) each shall alternately strike names from the list and the remaining person shall serve as hearings examiner.   The grievant shall strike the first name.

(3) The hearings examiner shall set the time and place for the hearing.   The parties shall receive notice of the hearing either personally or by certified mail not less than 5 working days before the hearing.

(4) Both parties shall have:

(a) the right to introduce evidence;

(b) the right to cross examine;

(c) the right to be represented; and

(d) the right to a recommendation for resolution based on the recorded evidence and matters officially noticed.

(5) Within 30 working days of the selection of the hearings examiner, the hearings process shall be completed, and the hearings examiner shall submit a written summary of findings and shall make a non-binding recommendation for resolution to the department head.

(6) The agency shall pay all costs of:

(a) a hearings examiner;

(b) physical arrangements for a hearing; and

(c) management's witnesses and evidence.

(7) The grievant shall pay fees and expenses of:

(a) the grievant's representative; and

(b) the grievant's witnesses and evidence, unless the witness also is a management witness.

(8) A recording shall be made of the hearing.   Either party may request a transcript of a hearing.   The party requesting the transcript shall bear the cost.   If both parties request a transcript, they will share the cost.

(9) The department head shall issue the final administrative decision within 10 working days of receipt of the hearing summary.

History: Sec. 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 1988 MAR p. 2559, Eff. 12/9/88; AMD, 1990 MAR p. 377, Eff. 2/23/90; AMD, 1991 MAR p. 352, Eff. 3/29/91; AMD, 1997 MAR p. 1448, Eff. 8/19/97.

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