that must be subpoenaed. The Commission shall then cause necessary subpoenas to be
issued.
c) Expert Witnesses
Any party who intends to present testimony of an expert on their behalf shall within 15 days
of hearing provide the Commission and the opposing party the name, qualifications, and the
substance of said expert testimony. Failure to do so shall disqualify such testimony from
hearing.
d) Pre-hearing Interview of Witnesses
The Respondent and the Director shall have the right to interview the witnesses of the other
party prior to hearing. The director’s witnesses shall be interviewed in the presence of the
Director or his delegate. The Respondent’s witness shall be interviewed under such
reasonable conditions as are established by the Respondent. Either party may appeal to the
Chairperson of the Commission if cooperation is not forthcoming on this matter. The
Chairperson is empowered to require such steps as are necessary to resolve the problem.
e) Production of Documents and Things
The Parties shall provide each other with a list of documents, papers and tangible evidence
intended to be introduced at hearing, including a statement regarding the substance and
relevance of each. Said documents, papers and tangible evidence shall be made available to
one another forthwith, no later than 10 days prior to the hearing or within two days if the
hearing date is noticed less than 10 days before the hearing. Failure to produce such list
and the documents listed within the time prescribed may render said documents
inadmissible at hearing on motion of opposing party in the Commission discretion.
f)
6.7
Postponements
Any request for a postponement of the hearing must be submitted in writing to the
Chairperson of the Commission no fewer than three days prior to the hearing. However, if
the Director and Respondent mutually submit a request for a postponement because there is
a possibility of settling the matter, the request for a postponement may be submitted at any
time prior to hearing.
CONDUCT OF THE HEARING
a) Presiding Official
As presiding official, the Chairperson or a designated Commissioner of the Tribal
Employment Rights Commission will control the proceedings. He or she will take whatever
action is necessary to insure an equitable, orderly, and expeditious hearing. Parties will
abide by the presiding official’s rulings. The presiding official has the authority to:
i.
ii.
iii.
iv.
v.
Administer oaths or affirmations;
Regulate the course of the hearing;
Rule on offers of proof;
Limit the number of witnesses when testimony would be unduly repetitious; and
Exclude any person from the hearing for conduct or misbehavior that obstructs the
hearing.
b) Director
The director may represent the Tribal Employment Rights Commission on all charges filed by
it, even if the charge was initiated by a complaint filed by a private individual.
c) Respondent
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Revised Spokane Law & Order Code, 5/14/2013