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R ULE XIII <br />HEARING' PROCEDURE <br />Section 1: Appeal: <br />a. When an appeal is filed, or a request to appeal granted, the Commission shall immediately <br />notify the appointing authority and employee and shall hear the appeal (or appoint a trial <br />board to hear the appeal), as follows: <br />1. The hearing shall be scheduled within thirty (30) days from the filing of the appeal <br />with the Commission. An appeal is "filed" within the meaning of this section <br />when it is received by the Commission. <br />2. The Commission shall notify the appointing authority, the employee, and his <br />attorney, if any, of the time and place of the hearing. <br />Section 2: Time of Hearing — Notifications: <br />a. The hearing shall be scheduled within thirty (30) days from the filing of the appeal with the <br />Commission. An appeal is "filed" within the meaning of this section when it is received by <br />the Commission's secretary. <br />b. The Commission shall notify the appointing authority and the employee of the time and <br />place of the hearing. <br />c. The Commission may affirm, disaffirm, or modify the judgment of the appointing <br />authority. <br />Section 3: Amendments: <br />Amendments to an order of removal, reduction in pay or position, or suspension may be <br />made by the appointing authority at any time provided the employee and his attorney, if <br />any, receives copies of the amended order at least ten (10) calendar days before the date set <br />for the hearing. <br />Section 4: Hearing Procedure: <br />a. The appointing authority shall first present his/her evidence in support of the charges and <br />specifications. <br />b. The employee shall then present such evidence as he/she may wish to refute such charges. <br />c. The appointing authority shall be permitted to offer evidence in rebuttal. <br />d. The Commission may, in its discretion, hear opening and final arguments, or require briefs <br />from the parties. <br />Section 5: Rules of Evidence - Representation by Counsel - Court Reporter: <br />a. The production of evidence at the hearing of appeals and the Commission's decision on the <br />appeal shall be governed by the Ohio rules of evidence, and the burden of proof required by <br />courts generally in civil cases. <br />b. Both the Appointing Authority and employee may be represented by counsel. <br />