EXAMINE THE NOTICE

   Notice by charges is an integral requirement of due process of law, and since it is the base of the hearing to follow, the hearing may be invalidated if the notice and the charges are not adequately stated.

   The most essential part of the notice is the charge - personally charging the accused of the offense so that he knows definitely he should prepare a defense. This has been a frequent carrier oversight in the past, resulting in many decisions being reversed, but it has been overcome by inclusion in the notice of a phrase similar to the following: "to determine your responsibility," "to determine responsibility for your alleged failure," or "You are hereby charged."

   It is often that rule infractions should be enumerated in the charge, but this is only necessary under a rule requiring specific charges. If you cannot adequately prepare a defense from the information contained in the notice, rules allegedly violated may then be necessary.

   The notice should conform to the time limitations of your investigation rule.

   The notice should be received a sufficient time in advance of the hearing so the accused can arrange for representation and necessary witnesses. Two days is ordinarily considered sufficient. (If you request an extension, you also waive the particular time limitation of your rule.)

   The accused should be notified with sufficient certainty in what manner he has been guilty of the conduct charged, and it has been regarded adequate if the notice contains the time, the place, and the occurrence of the matter under investigation or in the notice concerning dates, time, tracks, persons, etc., are proper cause for objection.

   The notice should concern only one incident or a series of closely related events. The notice, with the following investigation, should be the basis for the discipline; in other words, the discipline should not be based on something not contained in the charges.