An employee filing an appeal with SPBR is not required to retain an attorney. Any person not prohibited by law may represent himself or herself before the Board. You may, however, feel more comfortable having an attorney represent you. Your attorney must file a notice of appearance with the Board. Although SPBR cannot provide legal advice to you regarding the merits of your appeal, our staff may answer your procedural questions.
You will receive written notice of the time and date of any settlement conference, status conference, pre-hearing or record hearing scheduled in your case. If you are represented by an attorney who has filed a Notice of Appearance with SPBR, both you and your attorney will receive a notice.
Cases often settle without going to hearing. Settlement provides parties with the opportunity to fashion their own remedy to a conflict/dispute and is especially useful when the parties will have an ongoing relationship after the appeal process is concluded. Contact the opposing party's attorney to see if you can work something out. If you are represented by an attorney in your appeal before the Board, your attorney should also participate in any settlement negotiations. The parties may conduct their own settlement negotiations or call on SPBR for assistance. If both parties are willing to have SPBR participate in the settlement process, a confidential informal settlement conference will be scheduled to determine whether a compromise agreement can be reached. The Board's neutral representative will direct the settlement discussions but is not formally presented with evidence and will not make a judgment regarding any issue in dispute.
If you cannot attend on the date and time shown on your hearing notice, you must contact the Board as soon as you know about your scheduling conflict. A request for a continuance must be made in writing, at least ten calendar days prior to the hearing, unless good cause is shown for failing to do so. A request for a continuance does not automatically stay the hearing, but must be expressly granted by an Administrative Law Judge or the Board. You must also contact the opposing party's attorney to see if he or she will agree to the change.
If you file an appeal and neither you nor your attorney attend the hearing, the appeal will be dismissed.
Depending on your case, you may want to bring witnesses who know about the issues involved in the charges against you. If there are documents, such as business records, that help prove your case, bring the original (if possible) plus two copies. You may bring photographs or other items that are relevant to your defense. Items you want considered as evidence must be left with the Administrative Law Judge or the Board.
A record hearing is very similar to a trial in court, with witnesses, exhibits and rules of evidence. Click here for more detailed information.
Although the Board and its staff cannot provide you with legal advice, you may contact SPBR at (614) 466-7046 for general information regarding procedural matters and the status of your appeal. All correspondence received from SPBR will include the case number assigned to your appeal. Please have your case number available when you contact SPBR.