The Respondent shall be preset for the entire hearing and he or his representative (other
than an attorney) shall represent him during the proceeding.
d) Attorneys
Either party may have an attorney present as an advisor. However, the attorney may not
make any presentations, cross-examine witnesses or address the Commission.
e) Recording of the Hearing
All hearings shall be recorded in full and the Commission shall retain the tape(s) for no less
than one year after the hearing. The Respondent shall also be permitted tape the hearing
upon request.
f)
Prohibition Against Reprisals
All parties shall have a right to testify on their own behalf, without fear of reprisal.
g) Starting Time
The hearing shall be opened promptly at the time specified by the Commission.
h) Opening Statements
Both parties will be afforded the opportunity to present opening statements with respect to
what they intend to prove at the hearing.
i)
Order of Proceeding
The complainant or his representative will present his case first.
j)
Examination and Cross Examination of Witnesses
Both parties may subpoena and examine friendly and hostile witnesses. Both parties may
examine and cross examine witnesses. However, no harassment or efforts to intimidate
witnesses shall be permitted. The commission members may examine witnesses at any
point in their testimony. The testimony of all witnesses shall be under oath or affirmation.
k) Irrelevant Testimony
Parties may object to clearly irrelevant material, but technical objections to testimony as
used in a court of law will not be entertained. The Commission shall prohibit any testimony
that it deems clearly irrelevant in order to keep control of the hearing.
l)
Written Testimony
Evidence or exhibits may be presented. Written testimony will be admitted into evidence
during the hearing only when a witness cannot appear in person. When a party wishes to
use the written testimony of a witness who cannot appear, the party must submit, in
advance of the hearing, a written explanation for the nonappearance of the witness to the
Tribal Employment Rights Commission. If the Commission is satisfied with the explanation,
the party will obtain the testimony by means of deposition. When, for reasons satisfactory
to the Tribal Employment Rights Commission, a deposition cannot be used, an affidavit or a
sworn statement from the witness may be used. A signed but unsworn, statement will not
be admitted in evidence.
m) Closing Statement
Closing statements for each party will be permitted. The Complainant shall proceed first.
n) Audience
The hearing shall be open to the public. However, the Commission may remove any person
who disrupts the hearing or behaves in an inappropriate manner.
6.8
THE DECISION
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Revised Spokane Law & Order Code, 5/14/2013