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4. The burden of proof should be reasonable and flexible, dependent upon the <br />circumstances of the case involved. The hearing officer determines the order of proof. <br />Generally, the party making the complaint has the obligation of establishing his or her <br />case and should be examined first. <br />5. The party involved should have the right to be represented (at their own expense) if <br />he/she so desires. Other he/she is limited to his/her own abilities and those to the <br />hearing officer in obtaining testimony in the case. <br />6. It is important that the hearing officer obtain the fullest information for the record. If the <br />parties involved, or their representatives, do not know how to ask the right or pertinent <br />questions in pursuing their right to due process, it shall be necessary for the hearing <br />officer to step in to have all the materials and relevant facts elicited. <br />7. The practice in informal hearings is generally not to apply strict rules of evidence in <br />obtaining facts. However, the quantity of evidence required to support a decision on an <br />issue should be sufficiently credible that the state (or other appropriate agency), upon <br />reviewing the decision, would conclude that the decision is supported by substantial <br />evidence. <br />8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior <br />to the conclusion of the hearing. <br />Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a <br />recommended decision to the LWDA for final determination. The recommended decision <br />shall be in writing and may be accepted, rejected or modified by the Santa Ana <br />Workforce Development Board. <br />C. Issuance of Decision <br />Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a <br />written decision to all parties by first class mail. The final decision shall contain the following <br />information: <br />1. The name of the parties involved. <br />2. A statement of the alleged violation and issues related to the alleged violation. <br />3. A statement of the facts. <br />4. The decision and the reasons for the decision. <br />5. A statement of corrective action, if any, to be taken. <br />6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a <br />review of the decision by the State Review Panel. <br />11 <br />EXHIBIT E <br />