Hearings are conducted at the time and place specified in the Notice of Hearing, and in accordance with the provisions of Sections 550 - 558 of the PERB Rules. The following policies will apply to all hearings:
Postponements will not be granted except for sufficient cause, provided that:
- the request is in writing and served on the Executive Director;
- grounds therefore are set forth in detail;
- alternate dates for any rescheduled hearings are given;
- the positions of all other parties are ascertained in advance by the requesting party and set forth in the request; and
- copies are served on all other parties and that fact is noted in the request.
Except under the most extraordinary circumstances, no request for postponement will be granted during the seven (7) days immediately preceding the date of hearing.
Pre-Hearing Exchange and Exhibits
Any party intending to introduce documentary exhibits at the hearing shall furnish a copy at least five (5) days before the hearing. This will facilitate the expeditious development of full record for decision by the Board. Where a copy of the exhibit is not tendered to the other parties because it was not available or not contemplated prior to the opening of the hearing, a copy of such exhibit should be furnished to the other parties at opening of the hearing.
Six (6) copies of each documentary exhibit shall be submitted to the Hearing Examiner at the time it is offered in evidence at the hearing.
Objections to an exhibit shall be reserved until the exhibit is offered in evidence.
Any party intending to call witnesses to testify at the hearing shall furnish a list of proposed witnesses to each of the other parties at least seven (7) days before the hearing. The party calling the witness is responsible for notifying the witness of the time and place of the hearing and, for witnesses who are employees of the District Government, for making necessary arrangements with the agency or department in which the witness is employed. Subpoenas are available from the Executive Director if it is necessary to compel a person to appear as a witness.
Parties may be represented in person, by counsel, or by another designated representative. The representative shall file a notice of appearance with the Board.
An official reporter makes the only official transcript of the proceedings. All citations in briefs and arguments must refer to the official record. Proposed corrections of the transcript should be submitted, either by way of stipulation or motion, to the Hearing Examiner for approval.
All matters that are spoken in the hearing room while the hearing is in session will be on the record unless the Hearing Examiner specifically directs off-the-record discussion. A request to go off the record should be directed to the Hearing Examiner and not to the official reporter.
Motions and Objections
Statements of reasons in support of motions and objections should be specific and concise. Automatic exception will be allowed to all adverse rulings, and upon appropriate request, an objection or exception may be permitted to stand to an entire line of questioning.
Upon request, any party shall be entitled to a reasonable period of time prior to the opening or closing of the hearing for oral argument, which shall be included in the official transcript of the hearing. The Hearing Examiner may ask for a statement of position concerning any issue in the case or theory in support thereof, if such statement would be beneficial to understanding the contentions of the parties and the issues involved.
Voluntary Dispositions Before Closing of Hearing
Voluntary dispositions, consistent with the policies of the Board, reduce government expenditures and promote harmony in labor relations. An opportunity will be afforded during the hearing for discussions between the parties if voluntary disposition appears possible.
Filing of Briefs
Any party may file a brief by delivering it to the Board within twenty (20) days after the close of the hearing and the receipt of transcripts. A copy of the brief shall be served on each of the parties. Seven (7) copies of the brief and a statement of service on the parties shall be filed with the Executive Director.
Requests for Additional Time to File Briefs After the Close of the Hearing
Such requests will not be considered unless they are in writing and are received by the Executive Director at least three (3) days before the date such briefs are due. Copies of the request for an extension shall be served on all other parties, and a statement of service shall be filed with the Executive Director.