Either party may challenge the content of the statement of questions.
The challenge must be in writing and submitted to the Secretary and the opposing party not more than 5 working days after receipt of the statement of questions.
The designated person shall sign each subpoena stating that the witness was served.A motion to challenge the composition of a Trial Board or the selection of an Administrative Law Judge must be made in writing and submitted to the Secretary and the opposing party at least 10 calendar days before the hearing date.If a challenge is to a substituted Trial Board member or to a substituted Administrative Law Judge, the motion must be submitted as soon as possible after the substitution is made.The Trial Board or the Administrative Law Judge may exclude from evidence at the hearing any exhibit not previously exchanged unless good cause for the failure to exchange is shown and the opposing party is not unduly prejudiced.(i) Stipulations.(1) Not less than 3 calendar days before the hearing date, the appealing employee and the city shall agree to a list of facts and exhibits to which both have stipulated, signed by each party or a representative.(2) If the stipulations are not submitted by the date of the hearing, the Trial Board or the Administrative Law Judge may postpone the hearing.A postponement ordered for failure to submit stipulations extends the 60 day period required in subsection (c), (1), of this section by an additional 30 calendar days. An appealing employee:(1) may request the hearing, the deliberations, or both, which are usually open to the public, to be closed;(2) has the right to representation at a hearing; and(3) shall not be compensated for time lost from the employee's city job while attending a hearing, unless so ordered by the Trial Board or by the Administrative Law Judge.(k) Failure to Employee to Appear.If a substitution is made within 15 calendar days before the hearing date, the Secretary shall immediately notify the employee and the city of the substitution.