D.C. Mun. Regs. tit. 17, r. 17-4110

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

Rule 17-4110 - EVIDENCE AT THE HEARING

4110.1

All testimony at a hearing before a board shall be under oath or affirmation.

4110.2

If any part of the record in any other proceeding previously held before a board, or part of the record in any criminal or civil action (including hearings before an administrative agency) is offered in evidence, a certified true copy of that part shall be presented to the board in the form of an exhibit, unless either of the following requirements is satisfied:

(a) The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by the board; or

(b) There is a stipulation that the record may be incorporated by reference and the board directs that incorporation.

4110.3

A board shall exclude irrelevant, immaterial, and unduly repetitious evidence.

4110.4

A board may take official notice, at the request of a party or on its own motion, of the following:

(a) The law and rules of the District of Columbia, the United States, and any state of the United States;

(b) Material facts in the official files of a board or the Department or other District agency; or

(c) A fact which is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to sources the accuracy of which cannot reasonably be questioned.

4110.5

If a board takes official notice of a material fact not appearing in the evidence in the record, a party shall be given an opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

4110.6

The parties may, by stipulation in writing filed with a board, agree on the facts or any portion thereof involved in a hearing. The parties may also stipulate the testimony that would be given by a witness if the witness were present. A board, in its discretion, may require additional evidence regarding any matter covered by a stipulation.

D.C. Mun. Regs. tit. 17, r. 17-4110

Final Rulemaking published at 34 DCR 5872, 5882 (September 11, 1987)