Part 5: Conduct of an Ethics Hearing
An ethics hearing must be conducted in a manner which is fair to all parties. This means that the parties must know their rights and responsibilities in advance so they may properly prepare and present their positions. Procedures are required to assure an orderly hearing. But procedures may and should be modified as interests of justice and truth dictate. However, in modifying established procedures, care must be taken to assure that the rights and interests of all parties are protected. For this reason, variation from prescribed procedures should be reviewed with Board counsel and counsel for the parties prior to implementation.
Following are four (4) outlines. The first and second are outlines of procedural information of interest and concern primarily to the parties involved. This information should be provided to them well in advance of any hearing (Form #E-9 or Form #E-9a, as appropriate, Part Six). The third outline is primarily of interest to Hearing Panels and particularly to the Chairperson who preside over ethics hearings. The fourth outline is primarily of interest to tribunals and particularly to Chairpersons who preside over ethics appeals.