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6.K. - Page 47 of 190 <br />regulations, procedures, or rules the Department will have <br />the burden of proving by a preponderance of the evidence <br />the facts which form the basis for the charge of misconduct <br />and the burden of persuasion that the punitive action was <br />reasonable under the circumstances. <br />3) Conduct of Informal Procedure: <br />a The formal rules of evidence do not apply, although the <br />Chief will have discretion to exclude evidence which is <br />incompetent, not relevant or cumulative or the presentation <br />of which will otherwise consume undue time. <br />b The parties may resent arguments through documents and <br />statements. <br />Q If the punitive action being a ealed is a written reprimand <br />or does not involve a loss of compensation, the parties will <br />not be entitled to confront and cross-examine witnesses. <br />d Following the presentation of written material and <br />statements the involved 12arties may submit closing <br />arguments _orally or in writingfor consideration by the <br />presiding _ officer. <br />e Representation: The employee may be re resented by an <br />Association representative or attorney of his -ew-her choice. <br />4 Decision: <br />a) After the informal procedure, a decision will be submitted in <br />writing within seven 7 calendar days of the hearing. <br />b If, after the informal procedure, a decision is rendered which <br />upholds the punitive action the action will not be <br />effective sooner than forty-eight-hchtt (48) hours of issuance of <br />the ecision. <br />attorney or representative, will be accompanied by an <br />affidavit or certificate of mailing. and will advise the <br />of the decision may be sought is governed by Code of Civil <br />Procedure Section& 1094.6. <br />36 <br />290 <br />