8. D. HEARING CONCLUSION, DELIBERATIONS, AND RECOMMENDATIONS 8. D. 1. Basis of Hearing Panel Recommendation:
Consistent with the burden on the individual to demonstrate that they satisfy, on a continuing basis, all criteria for initial appointment, reappointment and clinical privileges, the hearing panel will recommend in favor of the MEC unless it finds that the individual who requested the hearing has proved, by clear and convincing evidence, that the recommendation that prompted the hearing was arbitrary, capricious, or not supported by substantial evidence.
8. D. 2. Deliberations and Recommendation of the Hearing Panel:
Within twenty( 20) days after final adjournment of the hearing( which may be designated as the time the hearing panel receives the hearing transcript or any post-hearing statements, whichever is later), the hearing panel will conduct its deliberations outside the presence of any other person except the presiding officer. The hearing panel will render a recommendation, accompanied by a report, which will contain a statement of the basis for its recommendation.
8. D. 3. Disposition of Hearing Panel Report:
The hearing panel will deliver its report to the CEO. The CEO will send a copy of the report to the individual who requested the hearing by special notice. The CEO will also provide a copy of the report to the Chief of Staff.
8. E. APPEAL PROCEDURE 8. E. 1. Time for Appeal:
( a) Within ten( 10) days after notice of the hearing panel’ s recommendation, either party may request an appeal. The request will be in writing, delivered to the CEO in person or by certified mail, return receipt requested, and will include a statement of the reasons for appeal and the specific facts or circumstances which justify further review.
( b) If an appeal is not requested within ten( 10) days, an appeal is deemed to be waived and the hearing panel’ s report and recommendation will be forwarded to the Board for final action.
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