How is the hearing conducted?
Hearing participants generally consist of the AJ, the complainant, the parties’ hearing representatives, a management official representing the agency, approved witnesses and the court reporter. Hearings are not open to the public. Spectators, therefore, are not allowed. Except for you, other witnesses are allowed in the hearing room only when actually testifying. Occasionally, other AJs, agency attorneys, EEO officials, union officials, etc. are allowed to observe hearings for training purposes. The length of hearings varies depending on the complexity of the issues, numbers of witnesses, etc. Generally, hearings are conducted during regular business hours. Occasionally, however, especially if the hearing is scheduled for a single day, the hearing may continue until it is completed.
The hearings for impounds are conducted by a Lieutenant or Hearing Officer of the Scottsdale Police Department. Hearings are generally held over the telephone unless certain evidence is required to be presented at the time of the hearing. If you came to our District Three Police Facility at 9065 E. Via Linda in person, it is possible to have a hearing in person if the Hearing Officer or a Lieutenant trained in conducting a hearing is avalable. You may have to wait unless you make an appointment by calling the tow line at (480) 312-2869.
Impound Hearings are conducted by employees of the Avondale Police Department 11485 W. Civic Center Dr. Avondale, AZ 85323, Tuesday through Friday between 9:00 am and 4:00 pm. Hearings are generally informal and scheduled for you to come in person at a specific date and time. Preliminary information is normally exchanged over the telephone in order to assist you in having required documentation ready at the time of the hearing. Hearings can be conducted over the telephone but physical documentation is usually involved in any release. The average hearing will take 20 to 30 minutes or more.
Prior to the hearing, you may wish to prepare notes of the facts involved in your case, such as the dates events took place, to refer to during the hearing. You should ask people who have personal knowledge of your case to appear as your witnesses. Subpoenas may be issued if required. Make sure you have copies of any documents for yourself, the employer and the Referee adjudicating the case. Although the hearing is not a trial, it is a formal proceeding. Its purpose is to find facts and resolve eligibility issues between an employer and a former employee. Witnesses are sworn in, questioned and crossexamined by the Appeals Referee. Each side presents its version of the facts. The hearing is taperecorded and the recorded testimony is included with documents and other evidence as part of the formal record of your appeal. After the hearing, a Referee’s Decision will be mailed to all parties involved.
The hearing is conducted according to the state’s Uniform Administrative Procedure Act (sections 4-166 through 4-189 of the General Statutes) and the DEP’s Rules of Practice (sections 22a-3a-2 through 22a-3a-6 of the Regulations of Conn. State Agencies). An impartial hearing officer from the DEP Office of Adjudications presides over the hearing, reviews all the evidence, and issues a written decision. To ensure an unbiased decision, the hearing officer does not communicate with any of the parties or members of the general public unless all of the parties are present. In every hearing, each party is allowed to offer relevant written evidence and testimony under oath, to present legal argument in support of its position, and to cross-examine other parties’ witnesses. This may take many hours or even several days. This is, however, each party’s sole opportunity to establish a complete hearing record upon which the hearing officer will base a written decision. What Happens After the Hearin
