Procedure for Hearing on Appeal

Procedure for Hearing on Appeal. A. The petitioner may refute the grounds on which MBED based its action in person and/or by written documentation submitted to the review officer. In order to be considered, all written documentation of the petitioner and MBED must be filed with the review officer with a copy to the opposite party not later than thirty (30) calendar days after the mailing of the acknowledgement of appeal. B. The petitioner may retain legal counsel at its own expense. A hearing shall be held by the review officer in addition to, or in lieu of, a review of written information submitted by the petitioner only if so specified in the petition of appeal. The review officer shall set a hearing date which date shall not be later than thirty (30) calendar days from the date of mailing of the acknowledgement of appeal, unless the parties agree to a later date. Failure of the petitioner or its counsel to appear at a scheduled hearing shall constitute waiver of the hearing. A representative of MBED shall be allowed to attend the hearing to present evidence, respond to the petitioner's testimony and to answer questions posed by the review officer. C. Any hearing shall be conducted in such a manner that all parties have a fair and reasonable opportunity to present witnesses and other evidence pertinent to the issues. In conducting the hearing, the review officer shall not be bound by common law or by statutory rules of evidence or by technical or formal rules of procedures, but may conduct the hearing in such a manner as best to ascertain the rights of the parties. However, hearsay evidence (if presented) shall not be the sole basis for the determination of facts by the review officer. The review officer may also ask questions to clarify issues, limit the examination or cross-examination of witnesses to keep the hearing focused on the issue, and recess/reconvene the hearing if necessary. D. If any party to the appeal wishes to have stenographic notes of the proceedings, that party shall be solely responsible for payment of a court reporter for that service; the review officer shall, on request, engage a court reporter for this purpose. An audio tape recording shall be made of the proceedings and may be duplicated and/or transcribed at the expense of either party requesting it. E. It shall be the responsibility of each party to secure the attendance of such witnesses as deemed necessary to present the case; any expense connected with that attendance shall be borne by the party responsible for the attendance of that witness. The review officer shall not have power to subpoena witnesses or documents.