I will have a series of posts updating this “issue.”
As I posted earlier, the hearing office demanded that I start the proceedings with a statement of my client’s defense and then gave me a hard time when I challenged him on due process grounds.
Here is the published procedure of the ECB for such hearings:
(d) Order of Hearing. The following shall be the order of all adjudicatory hearings, subject to modification by the hearing officer for good cause:
(1) Presentation and argument of motions preliminary to a hearing on the merits;
(2) Presentation of opening statements; if any
(3) Petitioner’s case in chief;
(4) Respondent’s case in chief;
(5) Petitioner’s case in rebuttal;
(6) Respondent’s case in rebuttal;
(7) Respondent’s closing argument;
Funny, no…how the rules don’t apply to them. Of course, they could always argue that its “good cause” (see d above) to dispose of due process. Wouldnt that be just like a Governmental agency to do just that!
Anyway, my review lead to a new idea, so something of value may come of all this frustration. The ECB rules allow me to demand discovery prior to a hearing and present the penalty of preclusion in the event of non-response. I am going to create a form discovery demand and serve it on every single violation that I get.
If you want to be part of my experiment in justice give me a call or email.
Thanks again for reading.