A stenographic reporter will be present to make a record of the hearing. The cost of the reporter will be borne by the Hospital. Copies of the transcript will be available at the individual’ s expense. Oral testimony will be taken on oath or affirmation administered by any authorized person.
8. C. 4. Order of Presentation and Burden:
The MEC will first present its case and bears the initial burden of production of evidence in support of its recommendation. Thereafter, the burden will shift to the individual who requested the hearing to present clear and convincing evidence that the recommendation that prompted the hearing was arbitrary, capricious, or not supported by substantial evidence.
8. C. 5. Admissibility of Evidence:
The hearing will not be conducted according to rules of evidence. Evidence will not be excluded merely because it is hearsay. Any relevant evidence will be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The guiding principle will be that the record contains information sufficient to allow the Board to decide whether the individual is qualified for appointment and clinical privileges.
8. C. 6. Persons to Be Present:
The hearing will be restricted to those individuals involved in the proceeding as described in this article. Administrative personnel may be present as requested by the CEO or Chief of Staff.
8. C. 7. Presence of Hearing Panel Members:
A majority of the hearing panel will be present throughout the hearing. In unusual circumstances when a hearing panel member must be absent from any part of the hearing, that hearing panel member must read the portion of the hearing from which they were absent.
8. C. 8. Failure to Appear:
Failure to appear and proceed at the hearing, without good cause as determined by the presiding officer, will constitute a waiver of the right to a hearing and the matter will be forwarded to the Board for final action.
8. C. 9. Postponements and Extensions:
Postponements and extensions of time may be requested by anyone, but will be permitted only by the presiding officer or the CEO on a showing of good cause.
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