12/6/18
Procedural Standards for Conducting Hearings
§ A TGRA should have regulations that define the procedural standards for conducting hearings. § Who is designated to serve as the hearing officer(s). § Regulations should outline the scope of all hearings held to administer the TGRA’s duties, opinions, licensing decisions, judgments, or patron disputes. § The procedures for issuing notices for hearings, timeframes parties have to respond to notices or request oral hearings, and how allegations of violations or non- compliance are served upon the parties. § The standards involving the use of evidence, administering oaths, and testimony of witnesses. § Address the appearance of legal counsel, the use and treatment of confidential materials, subpoenas, hearing procedures, the form of communication regarding determinations, the range of sanctions and the appeal of final decisions.
Notices of Violation
§ Ensure that all Notices of administrative actions are detailed and succinct, that a detailed summary of the alleged or suspected violation is described, including the date of the violation. § That Notices outline all laws/regulations the suspected, or alleged, activity violated and why the violation constitutes an administrative action. § That Notices provide for the type or extent of the sanctions that could be imposed on the parties should they be found culpable for the offense or violation. § That Notices detail the procedures and timeframes parties have to adhere to in order to respond or request a hearing, or when they must appear for a hearing. § Notices should be read out loud at the hearing for the administrative record, doing so ensures that everyone is aware of the reasons for the hearing and it assists in keeping the hearing on point so parties do not deviate from the issues being addressed.
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