§ 42-28.6-5 - Conduct of hearing.
SECTION 42-28.6-5
§ 42-28.6-5 Conduct of hearing. – (a) The hearing shall be conducted by the hearing committee selected inaccordance with § 42-28.6-4 of this chapter. Both the law enforcementagency and the law enforcement officer shall be given ample opportunity topresent evidence and argument with respect to the issues involved. Both may berepresented by counsel.
(b) The hearing shall be convened at the call of the chair;shall commence within thirty (30) days after the selection of a chairperson ofthe hearing committee; and shall be completed within sixty (60) days of thecommencement of the hearing. The hearing committee shall render a writtendecision within thirty (30) days after the conclusion of the hearing. The timelimits established in this subsection may be extended by the presiding justiceof the superior court for good cause shown.
(c) Not less than ten (10) days prior to the hearing date,the charging law enforcement agency shall provide to the law enforcementofficer:
(i) A list of all witnesses, known to the agency at thattime, to be called by the agency to testify at the hearing;
(ii) Copies of all written and/or recorded statements by suchwitnesses in the possession of the agency; and
(iii) A list of all documents and other items to be offeredas evidence at the hearing.
(d) Not less than five (5) days prior to the hearing date,the law enforcement officer shall provide to the charging law enforcementagency a list of all witnesses, known to the officer at that time, to be calledby the officer to testify at the hearing.
(e) Failure by either party to comply with the provisions ofsubsections (c) and (d) of this section shall result in the exclusion from therecord of the hearing of testimony and/or evidence not timely disclosed inaccordance with those subsections.