Appeal hearings are conducted as follows:

1. (1) Hearings on all appeals are open to the public unless the board determines there is substantial reason for not having an open hearing, or the employee so requests.
2. (2) The hearing is informal. Technical rules of evidence do not apply to the proceedings, except for the rules of privilege recognized by law.
3. (3) All parties may select representatives of their choosing, present and cross-examine witnesses, and give evidence before the board.
4. (4) All testimony is under oath administered by a member of the board or the hearing officer. Testimony by affidavit is not admitted at a hearing except for good cause shown, or as otherwise permitted in these rules, as provided in a prehearing conference statement or by stipulation of the parties.
5. (5) One member of the board may hold a hearing and take testimony to be reported for action by the board.
6. (6) The board prepares an official audio record of the hearing.
7. (7) The board is not required to transcribe the record. If the proceedings were recorded, a copy of the audio recording may be ordered from the board for a reasonable charge.

[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-100, filed 12/21/04, effective 7/1/05.]