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Virginia Department of Employment Dispute Resolution

Grievance Procedure Icon Presenting Your Case at Hearing

Revised March 2007

 

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The following is a detailed resource for grievance hearing participants to assist their preparation for and increase their familiarity with the hearing process. EDR AdviceLine consultants are also available to answer general questions about the hearing process and the grievance procedure from 8:30 a.m. to 4:30 p.m., Monday through Friday, by calling toll-free 1-888-23ADVICE (232-3842). Calls to the AdviceLine are confidential.

Before the Hearing

  1. Organize Your Case
    1. Develop a Theme
    2. Decide What Facts You Must Establish
    3. Identify the Order in Which You Will Present Your Facts
    4. Analyze the Other Side's Case
    5. Make an Objective Assessment of your Case
  2. Prehearing Conference
    1. Scheduling
    2. Subjects Covered
    3. Orders for Production of Documents and Witnesses
  3. Hearing Preparation
    1. Prepare Your Witnesses
    2. Prepare Your Exhibits
    3. Use the Best Evidence Available

The Grievance Hearing

  1. Hearing Chronology
    1. Who Goes First?
  2. Opening Statement
    1. Purpose
    2. Elements
    3. Presentation Style
    4. Length
  3. Direct Examination
    1. What is Direct Examination?
    2. Order of Witnesses
    3. Handling Objections
  4. Cross Examination
    1. What is Cross Examination?
    2. General Principles
  5. Redirect Examination
  6. Evidence
    1. What is Evidence?
    2. Standard of Proof
    3. Types of Evidence
    4. Methods of Proof
    5. Presenting Exhibits
  7. Rebuttal
  8. Closing Statements
    1. Purpose
    2. Order
    3. Structure and Content

Hearing Challenges

  1. Administrative Reviews
    1. Reconsideration or Reopening
    2. Consistency with State or Agency Policy
    3. Hearing Officer Noncompliance
    4. Final Decision
  2. Judicial Review
  3. Implementation of the Hearing Officer's Decision
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