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<br />40 <br /> <br />surrounding the action. The Department’s burden will be <br />satisfied if the Department establishes that the action was <br />reasonable, even though reasonable persons might disagree <br />about whether the action was the best one under the <br />circumstances. <br /> <br />b. If the punitive action involves charges of misconduct, (i.e., <br />allegations that the employee has violated one or more laws, <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 /> <br />3. Conduct of Informal Procedure: <br /> <br />a. The formal rules of evidence do not apply, although the Chief <br />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 /> <br />b. The parties may present arguments through documents and <br />statements. <br /> <br />c. If the punitive action being appealed 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 /> <br />d. Following the presentation of written material and <br />statements, the involved parties may submit closing <br />arguments orally or in writing for consideration by the <br />presiding officer. <br /> <br />e. Representation: The employee may be represented by an <br />Association representative or attorney of the employee’s <br />choice. <br /> <br />4. Decision: <br /> <br />a. After the informal procedure, a decision will be submitted in <br />writing within seven (7) calendar days of the hearing. <br /> <br />6.A. - Page 51 of 99 <br />58