RULE 16. HEARING

A. Scheduling. Upon receipt of the respondent's answer or upon expiration of the time to answer, the hearing panel of the commission shall schedule a public hearing and notify disciplinary counsel and respondent of the date, time, and place of the hearing.

B. Hearing Panel. The hearing must be conducted by a hearing panel of the commission.

C. Conduct of Hearing.

(1) All testimony must be under oath.

(2) Disciplinary counsel shall present evidence on formal charges.

(3) Disciplinary counsel may call the respondent as a witness.

(4) Both parties may present evidence and produce and cross-examine witnesses.

(5) The hearing must be recorded verbatim. Whenever a transcript is requested by respondent, disciplinary counsel, a member of the hearing panel or the Supreme Court, a transcript of the hearing must be produced promptly and provided to the respondent without cost.

(6) Disciplinary counsel and the respondent may submit proposed findings, conclusions, and recommendations for sanction or order of dismissal to the hearing panel.

D. Dismissal, Recommendation for Sanction, or Referral. The hearing panel shall dismiss the case, recommend a sanction to the Supreme Court, or refer the case under Section E to the commission. The panel must be unanimous in its finding of misconduct or incapacity or in its decision to dismiss. If the panel finds misconduct, it may recommend a sanction by unanimous agreement or one or more members may submit a separate recommendation.

E. Referral to Commission. If the hearing panel is not unanimous in its finding of misconduct or incapacity or in its decision to dismiss, the panel shall refer the case to the commission. The panel shall notify the respondent of the referral. Upon receipt of the record of the proceeding before the panel, the commission shall conduct a full review on the record and shall dismiss the case or submit a report under Section F.

F. Submission of the Report. Within 60 days after the hearing, the filing of the transcript if one was requested, or a review on the record by the commission, the hearing panel or commission shall file with the Supreme Court the record of the proceeding and a report setting forth findings of fact, conclusions of law, any minority opinions, and any recommendation for sanction. The hearing panel or commission shall at the same time serve the report upon the respondent and disciplinary counsel.

G. Notice of Exceptions. Within 20 days of receipt of the report from the hearing panel or commission, the respondent and disciplinary counsel may file with the Supreme Court notice of exceptions to the findings, conclusions, or recommendations for sanction of the panel or commission. The failure to file notice of exceptions constitutes acceptance of the findings of fact, conclusions of law, and recommendation for sanction.