(1) Hearings on all appeals shall be open to the public unless the personnel appeals board or hearings examiner determines there is substantial reason for not having an open hearing, or the employee so requests.
(2) The hearing shall be informal. Technical rules of evidence shall not apply to the proceedings, except for the rules of privilege recognized by law.
(3) All parties may select representatives of their choosing, present and cross-examine witnesses, and give evidence before the personnel appeals board or hearings examiner.
(4) All testimony shall be on oath administered by a member of the personnel appeals board or hearings examiner. Testimony by affidavit shall not be admitted at a hearing except for good cause shown, or as otherwise permitted in these rules, as provided in a prehearing conference statement or order in compliance with the required timelines for motions pursuant to WAC 358-30-042
(1), or by stipulation of the parties.
(5) One member of the personnel appeals board may hold a hearing and take testimony to be reported for action by the board. Any such hearing shall be done only at the direction of the chairperson of the board or as provided in these rules.
(6) The personnel appeals board or hearings examiner shall prepare an official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits.
(7) The personnel appeals board or hearings examiner shall not be required to transcribe such record unless requested by the parties. A transcript can be obtained:
(a) If the proceedings before the hearings examiner or board were recorded by a court reporter, a transcript can be ordered from the court reporter.
(b) If the proceedings were recorded mechanically, a copy of transcript or copies of cassettes can be ordered from the board for a reasonable charge.
[Statutory Authority: RCW 41.64.060
[(1)](a). WSR 95-07-074, § 358-30-030, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64
RCW. WSR 85-20-001 (Order 85-2), § 358-30-030, filed 9/19/85; WSR 82-01-053 (Order 81-4), § 358-30-030, filed 12/16/81.]