( c ) Hearing Officer :
( 1 ) As an alternative to a hearing panel , in matters in which the underlying recommendation is based upon concerns involving behavior , sexual harassment , or failure to comply with rules , regulations or policies , the CEO , after consulting with the Chief of Staff , may appoint a hearing officer .
( 2 ) The hearing officer , who should be an attorney , will perform the functions of a hearing panel . The hearing officer may not be , or represent clients , in direct economic competition with the individual requesting the hearing .
( 3 ) If a hearing officer is appointed instead of a hearing panel , all references in this Article to the “ hearing panel ” or “ presiding officer ” will refer to the hearing officer .
( d ) Objections :
An objection to any member of the hearing panel , the presiding officer , or the hearing officer will be made in writing , within ten days of receipt of notice , to the CEO . The objection , which must include reasons to support it , must also be provided to the Chief of Staff . The Chief of Staff will be given a reasonable opportunity to comment on the objections . The CEO will rule on the objection and give notice to the parties . The CEO may request that the presiding officer make a recommendation as to the validity of the objection .
( e ) Compensation :
8 . A . 8 . Counsel :
Members of the hearing panel and the presiding officer may be compensated for their service by the Hospital . The individual requesting the hearing will be offered the opportunity to contribute to the compensation paid .
The presiding officer , hearing officer , and counsel for either party may be an attorney at law who is licensed to practice in any state .
8 . B . PRE-HEARING PROCEDURES 8 . B . 1 . General Procedures :
( a ) The pre-hearing and hearing processes will be conducted in an informal manner . Formal rules of evidence or procedure will not apply .
( b ) Neither party has the right to issue subpoenas or interrogatories or to depose witnesses or other individuals prior to the hearing or to otherwise compel any individual to participate in the hearing or pre-hearing process .
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