Pursuant to law, the State Personnel Board has the authority to utilize hearing officers to conduct hearings. The hearing officer is authorized to take evidence and exercise the rights prescribed by A.R.S. §12-2212. The hearing officer calls the proceedings to order and determines which party has the burden of proof as well as the burden of going forward. The state bears the burden of proof in all appeals filed from dismissals, demotions, and suspensions of more than 80 working hours. The employee or former employee bears the burden of proof in prohibited personnel practice complaints.
The hearing may take the following format:
- Each party makes a brief opening statement as to what its respective case is to show.
- The moving party presents testimony and evidence with cross examination by the opposing party.
- The opposing party similarly proceeds with its case.
- Each side briefly sums up its respective case and the hearing is concluded.
The hearing officer subsequently prepares a written recommendation containing findings of fact, conclusions of law, and a recommendation. This report is filed with the State Personnel Board office and the matter is then scheduled to be heard by the Board at its next regularly scheduled open meeting.