6.4 Record of Hearing
The hearing panel shall maintain a record of the hearing by a reporter present to make a record of the hearing or a recording of the proceedings . The cost of such reporter shall be borne by the hospital , but copies of the transcript shall be provided to the individual requesting the hearing at that individual ’ s expense . The hearing panel may , but shall not be required to , order that oral evidence shall be taken only on oath or affirmation administered by any person designated to administer such oaths and entitled to notarize documents in the State of Nevada .
6.5 Rights of the Practitioner and the Hospital
6.5.1 At the hearing both sides shall have the following rights , subject to reasonable limits determined by the presiding officer :
a . To call and examine witnesses to the extent available ; b . To introduce exhibits ;
c . To cross-examine any witness on any matter relevant to the issues and to rebut any evidence ;
d . To have representation by counsel who may be present at the hearing , advise his or her client , and participate in resolving procedural matters . Attorneys may argue the case for his / her client . Both sides shall notify the other of the name of their counsel at least ten ( 10 ) calendar days prior to the date of the hearing ;
e . To submit a written statement at the close of the hearing .
6.5.2 Any individuals requesting a hearing who do not testify in their own behalf may be called and examined as if under cross-examination .
6.5.3 The hearing panel may question the witnesses , call additional witnesses or request additional documentary evidence .
6.6 Admissibility of Evidence
The hearing shall not be conducted according to legal rules of evidence . Hearsay evidence shall not be excluded merely because it may constitute legal hearsay . Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs , regardless of the admissibility of such evidence in a court of law .
6.7 Burden of Proof
It is the burden of the MEC ( or Board of Governors ) to demonstrate that the action recommended is valid and appropriate . It is the burden of the practitioner under review to demonstrate that s / he satisfies , on a continuing basis , all criteria for initial appointment , reappointment , and clinical privileges and fully complies with all medical staff and hospital policies .
6.8 Post-Hearing Memoranda
Each party shall have the right to submit a post-hearing memorandum , and the hearing panel may request such a memorandum to be filed within two ( 2 ) business days following the close of the hearing .
MEDICAL STAFF Investigations , Corrective Action , Hearing and Appeal Plan
Page 14