HEARINGS BEFORE THE BOARD

(a) Quorum. A quorum of the Board of Examining Officers shall consist of all its members. (b) Discovery. Discovery shall not be taken except as the Board may allow for good cause shown. (c) Duty of Disclosure. Presenting counsel shall disclose to the judicial officer any material evidence that the presenting counsel believes could be considered favorable to the judicial officer. (d) Subpoenas. At the written request of either the judicial officer or presenting counsel, the Clerk shall issue a subpoena to compel the attendance of witnesses and the production of pertinent books, documents, or other tangible things at the hearing. A subpoena shall be substantially in the form attached hereto as Exhibit B. (e) Failure to Appear. The Board shall not continue or delay the proceedings because of a judicial officer’s failure to appear without good cause. The Board may deem the non-appearing judicial officer to have admitted the factual allegations which were to be the subject of such appearance, to have conceded the merits of any motion or recommendation to be considered at such appearance, and to have waived the right to contest any action taken by the Board in the judicial officer’s absence. (f) Rules of Evidence. The Delaware Uniform Rules of Evidence shall apply. (g) Proof and Confrontation. Charges of misconduct, or charges of disability under Rule 16, shall be established by clear and convincing evidence. The burden of persuasion is on presenting counsel except where otherwise provided in these rules. The judicial officer shall have the right to examine and cross-examine all witnesses and shall have all other rights required by due process of law. 8 Last amended effective March 6, 2018 (h) Oath or Affirmation. All testimony shall be under oath or by affirmation. Proposed Findings, Conclusions, and Recommendations. The (i) judicial officer and the presenting counsel may submit proposed findings, conclusions, and recommendations to the Board. (j) Transcript. Subject to Rule 19(j), a transcript of the hearing shall be prepared and the judicial officer and presenting counsel shall be entitled to copies.