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Session Laws, 1970
Volume 695, Page 2779   View pdf image
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Howard County                                   2779

2.    The hearings shall be convened promptly by the Personnel Officer
or Chairman of the Personnel Board, as the case may be, at the time and
place specified and shall be open to the public.

3.    The Personnel Officer shall cause to be prepared an official record
of each hearing, which shall include testimony and exhibits, but it shall
not be necessary to transcribe the testimony taken unless requested for
Court review, or when requested by any party in interest appearing at the
hearing. The party taking the appeal or ordering the record shall pay the
Reporter, in advance, the cost of transcribing the record.

4.    Each hearing shall be attended by the County Solicitor or his
designee. All matters of law raised by any party during the hearing shall
be ruled on by the County Solicitor, or his designee, attending the hearing.
His ruling shall be final and not appealable to the Personnel Board or
Personnel Officer, as the case may be, but objections thereto shall be
entered in the transcript and shall be made a part of the Record of
Proceedings.

5.    The burden of proving the aggrievement shall be upon the em-
ployee alleging aggrievement. The employee shall have the opportunity
to state his case, in proper person, or by counsel or by any other agent or
person selected by him, by presenting witnesses, exhibits, and other evi-
dence. All persons testifying shall be required to take the following oath
given by the Personnel Officer: "Do you solemnly promise to speak truth-
fully in the testimony you are about to give ?"

6.    The order of presentation of each case shall be as follows:

(a)    Employee's presentation.

1.    Direct examination of witnesses, including the employee if he shall
wish to testify together with the introduction by the employee of any and
all relevant documents, papers, and other exhibits.

2.    Cross-examination of witnesses by the members of the Personnel
Board or the Personnel Officer as the case may be, and the County Solicitor.

(b)    Presentation by the representative of the County whose decision
resulted in the appeal.

1.    The County official shall testify as to the reasons for his decision,
presenting such documents, papers, or other exhibits as he may wish.
Any other witnesses whom the County official may present shall testify
as to the facts and may present such other documentary evidence as they
may deem proper.

2.    Cross-examination of witnesses by the employee or his attorney
and the County Solicitor and the members of the Personnel Board or the
Personnel Officer, as the case may be.

(c)    The employee may then present any relevant evidence to rebut
any evidence introduced by the County official, but no new evidence may
be introduced at this time.

(d)    After the rebuttal, the employee or his attorney or his repre-
sentative may make a summation and argument.

(e)    After the employee's argument, the County official or his attorney
may make a summation or argument.

7.    Any member of the Personnel Board, upon recognition by the
chair, may question any witness at any time.

 

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Session Laws, 1970
Volume 695, Page 2779   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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