II. Summary of the Hearing Officer's Duties and Powers
In addition to the actions listed in §5.7 of the Grievance Procedure Manual, the hearing officer is responsible for the following:
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Conducting the hearing in an equitable and orderly fashion.
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Recording the hearing verbatim, marking the exhibits received into evidence, and making them a part of the grievance record.
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Writing a decision that contains a statement of the issues qualified, findings of fact on material issues and the grounds in the record for those findings, conclusions of policy and law, any aggravating or mitigating factors that were pertinent to the decision, clearly defined order(s) and any recommendations when appropriate.
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Responding to requests for reopening the hearing or reconsideration of the decision.
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Revising the decision to conform to written policy if directed to do so by the Department of Human Resource Management.
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Correcting procedural errors regarding the conduct of the hearing, or revising the hearing decision to conform to the requirements of the grievance procedure, if directed to do so by the Director of the Department of Employment Dispute Resolution.
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In grievances challenging discharge, where the hearing officer orders reinstatement, awarding reasonable attorneys’ fees, unless special circumstances would make an award unjust.
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Sending the grievance record, including the hearing tapes, to the grievant's agency when the decision is final.
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Avoiding the appearance of bias.
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Voluntarily disqualifying himself or herself and withdrawing from any case (i) in which he or she cannot guarantee a fair and impartial hearing or decision, (ii) when required by the applicable rules governing the practice of law in Virginia, or (iii) when required by EDR Policy No. 2.01, Hearing Officer Program Administration.