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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 /> 9. 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 /> zs <br /> EXHIBIT H <br />