6.9 Official Notice
The presiding officer shall have the discretion to take official notice of any matters , either technical or scientific , relating to the issues under consideration . Participants in the hearing shall be informed of the matters to be officially noticed and such matters shall be noted in the record of the hearing . Either party shall have the opportunity to request that a matter be officially noticed or to refute the noticed matter by evidence or by written or oral presentation of authority . Reasonable additional time shall be granted , if requested by either party , to present written rebuttal of any evidence admitted on official notice .
6.10 Postponements and Extensions
Postponements and extensions of time beyond any time limit set forth in this policy may be requested by anyone but shall be permitted only by the presiding officer or the CEO on a showing of good cause .
6.11 Persons to be Present
The hearing shall be restricted to those individuals involved in the proceeding . Administrative personnel may be present as requested by the Chief of Staff or CEO . All members of the hearing panel shall be present for all stages of the hearing and deliberations .
6.12 Order of Presentation
The Board or the MEC , depending on whose recommendation prompted the hearing initially , shall first present evidence in support of its recommendation . Thereafter , the burden shall shift to the individual who requested the hearing to present evidence .
6.13 Basis of Recommendation
The hearing panel shall recommend in favor of the MEC ( or the Board ) unless it finds that the individual who requested the hearing has proved , by a preponderance of the evidence , that the recommendation that prompted the hearing was arbitrary , capricious , or not supported by credible evidence .
6.14 Adjournment and Conclusion
The presiding officer may adjourn the hearing and reconvene the same at the convenience and with the agreement of the participants . Upon conclusion of the presentation of evidence by the parties and questions by the hearing panel , the hearing shall be closed .
6.15 Deliberations and Recommendation of the Hearing Panel
Within twenty ( 20 ) calendar days after final adjournment of the hearing , the hearing panel shall conduct its deliberations outside the presence of any other person ( except the presiding officer , if one is appointed ) and shall render a recommendation , accompanied by a report , signed by all the panel members , which shall contain a concise statement of the reasons for the recommendation .
6.16 Disposition of Hearing Panel Report
The hearing panel shall deliver its report and recommendation to the CEO who shall forward it , along with all supporting documentation , to the Board for further action . The CEO shall also send a copy of the report and recommendation , certified mail , return receipt requested , to the individual who requested the hearing , and to the MEC for information and comment .
MEDICAL STAFF Investigations , Corrective Action , Hearing and Appeal Plan
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