D.C. Mun. Regs. tit. 17, r. 17-4109

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 17-4109 - CONDUCT OF HEARINGS

4109.1

All hearings before a board shall be opened to the public.

4109.2

At a hearing before a board, at least a majority of the members of the board shall be present to hear the evidence and render a decision.

4109.3

A respondent entitled to a hearing shall have the following rights:

(a) The right to be represented by an attorney in accordance with § 4106;

(b) The right to present all relevant evidence by means of witnesses and books, papers, and other documents;

(c) The right to examine all opposing witnesses on any matter relevant to the issues; and

(d) The right to have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other documents upon making written request for subpoenas to the board.

4109.4

A board may, in its discretion, deny any motion for a continuance, and shall deny a motion for a continuance unless the motion meets the following requirements:

(a) In the opinion of the board, sets forth good cause for a continuance; and

(b) Is filed at least two (2) days (excluding Saturdays, Sundays, legal holidays, and days on which the Department is officially closed) before the date on which the hearing is to be held, except for extraordinary and unforeseen reasons, such as the sudden illness of a party or a party's counsel.

4109.5

Conflicting engagements of counsel, absence of counsel, or the employment of new counsel do not constitute good cause for a continuance of a hearing unless set forth in a motion filed promptly after notice of the hearing has been given.

4109.6

After a hearing, and within time limits established by a board, the parties may submit proposed findings of fact, conclusions of law, and order, and may also submit memoranda of law on issues of law arising during the hearing.

D.C. Mun. Regs. tit. 17, r. 17-4109

Final Rulemaking published at 34 DCR 5872, 5881 (September 11, 1987)