What happens if the Case is Scheduled for an Evidentiary Hearing Before an ALJ?
An evidentiary hearing will be conducted by an ALJ assigned by the SPB. The hearing may last one or several days. The hearing will be conducted in accordance with SPB rules concerning the conduct of administrative hearings. Witnesses may be called to testify and subjected to cross-examination, and documentary evidence may be introduced. The burdens of proof and production set forth in Question No. 7, above, are applicable to the evidentiary hearing before the ALJ. The complaining party may represent him or herself during the hearing, or may be represented by a legal representative of his or her choosing. In addition, the Executive Officer may elect to prosecute the complaint him or herself. In such situations, the complaining party may still elect to also be represented by him or herself, or by a legal representative of his or her choosing. In those cases where the Executive Officer elects to prosecute the complaint, the case will be assigned to hearing before an ALJ from the Office of
