A. Notice of Appeal. An appeal of a disciplinary action within the jurisdiction of the board shall be taken by filing written notice of the appeal with the city recorder within ten working days after the discharge or transfer is complete. Upon the filing of the appeal, the city recorder shall promptly refer a copy of the appeal to the hearing officer. Upon receipt of the referral from the city recorder, the hearing officer shall forthwith commence its investigation, take and receive evidence, and fully hear and determine the matter.

B. Right to Counsel. The employee is entitled to minimum due process of law, including the right to appear in person; be represented by counsel, at the expense of the employee; have a public hearing; confront the witness whose testimony is to be considered; and examine the evidence to be considered by the hearing officer.

C. Subpoenas. The hearing officer has the power to subpoena witnesses and compel the production of books, papers, and any other evidence as may be relevant to any investigation and a fair hearing or decision.

D. Jurisdiction of Hearing Officer. The hearing officer has jurisdiction, pursuant to Utah Code Annotated Sections 10-3-1105 and 10-3-1106, as amended. The scope of the inquiry of the hearing officer is limited to determine if: