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agreed to by the State and CSEA. Disciplinary arbitrators on the select

panel shall receive special training regarding patient abuse and the

disciplinary process. The special training shall be jointly sponsored by the
State and CSEA.

(2) All fees and expenses of the arbitrator, if any, shall be divided
equally between the appointing authority and CSEA, or the employee if not

represented by CSEA. Each party shall bear the cost of preparing and
presenting its own case. The estimated arbitrator’s fees and estimated

expenses may be collected in advance of the hearing. Where the arbitrator
requires that his or her estimated fees and expenses be collected in advance

of the hearing from an employee who elects not to be represented by CSEA,
and the employee fails to tender such advance as required, the grievance

shall be deemed withdrawn.
(c) Hearing

(1) The disciplinary arbitrator shall hold a hearing within twenty-one
(21) calendar days after selection. A decision shall be rendered within

seven (7) calendar days of the close of the hearing or within seven (7)
calendar days after receipt of the transcript, if either party elects a transcript

as provided in this Article, or within such other period of time as may have
been mutually agreed to by the department or agency and the grievant or

his or her representative.
(2) Arbitrations, pursuant to this Article, shall be held at an appropriate

location at the employee’s facility.
(3) Protection of Patient or Client Witnesses

(i) A patient or client witness will be protected, when giving testimony

in a disciplinary arbitration hearing, by shielding the employee from view,
in one of the following ways:
use of a portable screen or partition consisting of one-way glass; or

use of a closed circuit television in a live transmission with the employee

in a separate room and the arbitrator, the representatives and the witness(es)
in another room; or

use of a one-way mirrored room with the employee in a separate room
with the ability to view and hear the proceedings.

A patient or client witness will be shielded in one of the described ways
when a certified or licensed professional determines that there is a need for

such protection for the patient or client witness. A determination that there

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