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Section D - Training Procedures
Commission Procedure D-16

Appeals of Denial of Certification/Suspension/Decertification of Training Courses

Purpose

D-16-1. Appeals Process

At an appeal hearing, the burden of proof is on the appellant to demonstrate to the Commission that error was committed by POST staff in its decision. Accordingly, the appellant will present its appeal first, followed by a presentation by POST staff. The appellant or the appellant’s representative is permitted to reserve time to use in rebuttal, and staff is permitted to reserve time as well if it so desires. The Commission will have a certified court reporter present to transcribe all proceedings in connection with the hearing.

Each side’s presentation should be no more than 30 minutes in length. Additional time may be requested and granted at the sole discretion of the Chair of the Commission, if the Chair believes the request to be appropriate and warranted under the circumstances.

The formal rules of evidence do not apply at the hearing. The parties’ submissions will primarily be in the form of written documents, which may include witness statements. Any witness statements or other submissions may be, but are not required to be, under oath. While the documents and evidence should be exchanged by the parties in advance of the hearing, the Commission will not refuse to consider any evidence offered at the hearing and the appellant may produce evidence at that time. However, it is helpful to the Commissioners to have the opportunity to consider documentary evidence in advance, considering the time restrictions inherent in public meetings. All such materials, including any binders of materials the appellant wishes to present to the Commissioner’s for consideration, should be delivered to the Commission’s office at least 20 business days prior to the hearing.
There is no need to formally stipulate to the introduction of any documents at the hearing and no need to formally move items into evidence; any items offered, including the pre-hearing submissions, will be considered and given the weight believed by the Commission to be appropriate based upon the particular evidence. The Commission may grant a continuance if requested if either POST staff or the appellant introduces evidence that has not previously been provided to the other party.

The formal presentation before the Commission during the appeal is normally more in the nature of a presentation or summary of the parties’ evidence, an argument as to the application of that evidence to the applicable standard, and a request for a particular decision by the Commission.

Following the parties’ presentations, and upon submission of the matter to the Commission for deliberation, the Commission will deliberate in closed session and determine whether the Executive Director’s decision will be affirmed, reversed, or modified. When the Commission has completed its deliberations, its written decision shall be issued to the Executive Director within 15 business days.

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