Part 7, Section 31: Conduct of Hearing
At any ethics or arbitration hearing, every party has the right to present any witnesses, to submit any evidence pertinent to the case, and to cross-examine witnesses. Witnesses giving oral testimony shall be sworn in by the Chairperson. Before permitting testimony relating to the character or general reputation of anyone, the tribunal shall satisfy itself that the testimony has a direct bearing on the case at issue. The Board shall, and any party (may/may not), at his own expense, have a court reporter or recorder present at the hearing, or may record* the proceeding, and, if transcribed, shall present a copy to the Secretary.** If the Board utilizes a court reporter in lieu of recording, the parties may not be prohibited from making their own recording. (See Form #A-10, Outline of Procedure for Arbitration Hearing, Part Thirteen, and Conduct of an Arbitration Hearing, Part Twelve.) Ethics and arbitration hearings must be recorded, not appeals or limited procedural review proceedings. Boards shall prohibit parties from recording appeals or limited procedural review proceedings. (Revised 11/10)
The Board’s recording or transcription shall be considered the official record of the proceeding. Copies of any recording or any transcript prepared from any recording of the hearing are to be used only for the purpose of procedural reviews.*** Any party to a hearing has the right to obtain a copy of the Board’s official recording subject to payment of the Board’s duplication costs, and any duplication will be conducted under the supervision of the Board. If the Board transcribes its official recording, any party to the hearing may obtain a copy of the transcript subject to paying the Board’s transcription costs. If more than one party requests copies of the transcript, the Board’s costs will be apportioned between or among the parties. (Revised 11/10)
If a party purchases a copy of the Board’s official recording and subsequently has it transcribed at his own expense, that party must provide a copy of the transcript to the Board at no cost. After the Board has received a copy of the transcript (made from the Board’s official recording), the Board shall make copies of the transcript available to any other party subject to their payment of the Board’s duplication costs. (Revised 11/10)
Attendance at any hearing is limited to the parties and the parties’ respective counsel and/or witnesses (witnesses are excused from the hearing except during their testimony[except those witnesses with a vested financial interest consistent with Part Ten, Section 44(a)(2), Duty and Privilege to Arbitrate]); the Hearing Panel members (including alternates); Board staff and/or counsel, as deemed necessary; and any court reporter, as requested. (Revised 11/98)
*It is recommended that produced by the Board be maintained in the confidential professional standards files until a date when any sanction imposed by the Board has been completed.
**Videotaping of the proceedings shall not be permitted except by advance express consent of all parties and all members of the tribunal.
***Recordings or transcripts from arbitration hearings may be used only by the parties for the purpose of procedural review requests, and may not be introduced into evidence at any subsequent hearing. Any other unauthorized use of the recordings or transcripts may be construed as a violation of Article 14, as interpreted by the applicable Standards of Practice, and as a violation of these procedures. (Revised 11/10)