(1) A grievance hearing before the personnel hearings examiner shall be open to the public except where the personnel hearings examiner determines upon request of a party that there is a substantial reason for closing the hearing.

(2) The parties to a grievance hearing shall be the grieving employee and the county. The personnel hearings examiner shall mail notice of the hearing date to the parties at least ten days in advance of the hearing date. The personnel hearings examiner may hear and rule on scheduling and other pre-hearing matters after providing reasonable opportunity for the parties to be heard.

(3) If the employee intends to be represented by legal counsel at the hearing, the employee shall notify the director of human resources prior to any formal action on the employee’s behalf by the employee’s attorney but in no event later than ten (10) days prior to the first scheduled hearing date. The county may be represented by the prosecuting attorney’s office.

(4) The personnel hearings examiner shall provide each party with an opportunity to make an opening statement, to present and cross-examine witnesses, to offer physical or documentary evidence, to make closing arguments, and to present relevant legal authority. Unless otherwise directed by the examiner, the county shall present its case first.

(5) All testimony shall be taken under oath. The personnel hearings examiner shall determine the admissibility and weight of all evidence offered at the hearing. The Rules of Evidence and Cross-Examination adopted by the Administrative Procedure Act, Ch. 34.05 RCW as currently codified in RCW 34.05.452 or hereafter amended shall apply to hearings before the personnel hearings examiner.

(6) The personnel hearings examiner shall cause a tape recording or similar record to be made of all proceedings before the examiner which, together with all physical and documentary evidence admitted by the examiner, shall constitute the record of the hearing. (Added by Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).