Joint Rules Title: JR6 Chapter: 4



            JR6-4-203.   Process for making a decision -- Deliberations.

            (1) After each party has presented a closing argument, the commission shall, at the direction of the chair, begin its private deliberations:

            (a) immediately after conclusion of the closing arguments; or

            (b) at a future meeting of the commission, on a date and time determined by a majority of the members of the commission.

            (2) (a) The chair of the commission shall conduct the deliberations.

            (b) Upon a motion made by a commission member, the commission may exclude commission staff from all or a portion of the deliberations by a majority vote of the commission.

            (3) (a) During deliberations, for each allegation reviewed by the commission, each member shall determine and cast a vote stating whether the allegation is:

            (i) proven by a preponderance of the evidence; or

            (ii) not proven.

            (b) A verbal roll call vote shall be taken on each allegation and each member's vote shall be recorded.

            (4) (a) A count is not considered to be proven unless four of the five members of the commission vote that the count is proven.

            (b) A count that is not considered to be proven is dismissed.

            (c) (i) Before the commission issues its recommendation under JR6-4-204, the commission may, upon a majority vote, reconsider and hold a new vote on an allegation.

            (ii) A motion to reconsider a vote may only be made by a member of the commission who voted that the allegation was not proved.

            (5) At the conclusion of deliberations, the commission shall prepare its recommendations as provided in JR6-4-204.