§ 42-28.6-5. Conduct of hearing.
(a) The hearing shall be conducted by the hearing committee selected in accordance with
the provisions of this chapter. Both the law enforcement agency and the accused law
enforcement officer shall be given ample opportunity to present evidence and argument
with respect to the issues involved. Both may be represented 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 of the hearing committee; and shall
be completed within sixty (60) days of the commencement of the hearing. The hearing
committee shall render a written decision within thirty (30) days after the conclusion
of the hearing. The time limits established in this subsection may be extended by
the chairperson for good cause shown.
(c) Not less than ten (10) days prior to the first hearing date, the charging law enforcement
agency shall provide to the accused law enforcement officer:
(i) A list of all witnesses, known to the agency at that time, to be called by the agency
to testify at the hearing;
(ii) Copies of all written and/or recorded statements by such witnesses in the possession
of the agency; and
(iii) A list of all documents and other items to be offered as evidence at the hearing.
(d) Not less than five (5) days prior to the first hearing date, the accused law enforcement
officer shall provide to the charging law enforcement agency a list of all witnesses,
known to the officer at that time, to be called by the officer to testify at the hearing.
(e) If the charging agency or the accused law enforcement officer fails to comply with
the provisions of subsection (c) or (d) of this section, then, upon the request of
the other party, the chairperson shall consider the following factors in assessing
a discretionary sanction, if any:
(1) The reason for the nondisclosure;
(2) The extent of prejudice to the opposing party;
(3) The feasibility of rectifying that prejudice by a continuance; and
(4) Any other relevant factors.
(f) The permissible sanctions the chairperson may impose pursuant to subsection (e) of
this section are: exclusion of a witness from testifying; exclusion of a witness from
testifying about certain matters; and/or the exclusion of written or recorded statements,
documents, or other items from evidence. The chairperson shall give due deference
to serving the public interest and the interest of justice when imposing any such
sanctions and shall make findings on the record consistent with the factors enumerated
herein.