Section 150.130  Order of Proceeding, Record, Recommendation and Notice

a)         The complainant shall present his or her case first unless the hearing examiner concludes that overall fairness demands a different order or the parties consent to a different order of presentation, approved by the hearing examiner.

b)         At the close of the hearing, the hearing examiner shall summarize his or her conclusions concerning the evidence and information presented and draft a recommendation to the Board addressing the question of whether the complaint is sufficiently grounded in fact and law.  The hearing examiner shall include any documents tendered to him or her during the hearing and submit them with the recommendation to the General Counsel for his or her consideration.  The General Counsel shall then present the recommendation and accompanying documentation to the Board for its final determination.

c)         The official record of a hearing shall consist of the transcript (or tape recording of the proceedings), copies of any motions submitted, documentary evidence, copies of all notices and the recommendation of the hearing examiner and General Counsel.

d)         The State Board of Elections shall provide written notice to the parties not less than seven business days prior to the meeting of the State Board of Elections at which the complaint will be presented for final Board disposition.  The notice shall include the time, date and location of the meeting and be sent via fax and certified mail with a requested return receipt.