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