D.C. Mun. Regs. tit. 1, r. 1-2975

Current through Register Vol. 71, No. 48, November 29, 2024
Rule 1-2975 - PUBLIC BENEFITS CASES - SUBPOENAS
2975.1

Any party may file a request in writing for an Administrative Law Judge to issue a subpoena to require a witness to attend a hearing.

2975.2

The Administrative Law Judge shall issue a subpoena under this Section if it is likely that the witness will be able to provide testimony that will be helpful in deciding the case, and if requiring the witness to appear will not be unduly burdensome or otherwise contrary to law.

2975.3

Any party also may request a subpoena to require a witness to bring documents, photographs, or other materials to present as evidence at the hearing. The Administrative Law Judge shall issue a subpoena if it is likely that the requested items will be helpful in deciding the case, and if requiring those items to be produced will not be unduly burdensome or otherwise contrary to law.

2975.4

A form to be used to request a subpoena is available from OAH.

2975.5

If an Administrative Law Judge issues a subpoena, the party requesting the subpoena shall deliver it pursuant to §§ 2824.6 through 2824.9 and 2824.11. Unless otherwise ordered by an Administrative Law Judge, delivery shall be made at least two (2) days before the hearing.

D.C. Mun. Regs. tit. 1, r. 1-2975

Final Rulemaking published at 53 DCR 2009, 2013 (March 17, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12588 (December 31, 2010); Final Rulemaking published at 63 DCR 6594 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)
Notice of Final Rulemaking published at 59 DCR 3128 (April 20, 2012) renamed chapter 29, "Office of Administrative Hearings: Rules for DCPS, Rental Housing, Public Benefits, and Unemployment Insurance Cases."
Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .