The Hearing
The Hearing

· Each party will be given the opportunity of making an opening statement. If the respondent wishes to wait until the conclusion of the complainant's evidence, that will be permitted.

· All parties may present any documents, evidence, or give such testimony they feel is relevant and applicable to the matter being heard. Any objections regarding relevance or appropriateness will be determined by the Presiding Officer and/or Hearing Panel.

· No testimony will be allowed relating to the character or general reputation of anyone, unless such testimony has a direct bearing on the matter being heard.

· At the conclusion of a party's witness testifying, the other parties will be given an opportunity to cross-examine the witness.

· Witnesses, except for those with a vested financial interest in the outcome of the matter, may only be present during the hearing while testifying and will be excused from the hearing room after giving testimony.

· Members of the hearing Panel may question the parties and their witnesses at anytime during the hearing.

· Upon completion of the presentation of evidence and testimony, each party will be given an opportunity to make a closing statement. Usually, the complainant will be first followed by the respondent.

· The hearing will be videotaped by the Association. A DVD copy will be made available to the parties for purchase at a cost of $50 per DVD, but only for the purpose of filing a review with the Association's Board of Directors. Parties may not tape record the hearing

· The hearing and decision is confidential. All parties to the hearing have an obligation to maintain and protect this confidentiality. Only disclosure required by law and a party disclosing the results of the matter where the party is involved in a civil proceeding involving the same set of facts or circumstances are exceptions to this rule of confidentiality. The Hearing panel is not bound by formal rules of evidence as may be applied in a court of law. The Panel has broad discretion regarding the evidence and testimony to make a decision that is fair to all parties.
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