D.C. Mun. Regs. r. 19-2044

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 19-2044 - CONDUCT OF HEARINGS

2044.1

A hearing before the Commission is open to the public.

2044.2

Except when a hearing officer is designated, a majority of the members of the Commission must be present to hear evidence and render a decision.

2044.3

A respondent entitled to a hearing has the following rights:

(a) To be represented by counsel;

(b) To present relevant evidence by means of witnesses and books, papers, and documents;

(c) To examine opposing witnesses on any matter relevant to the issues; and

(d) To cause the Commission, upon written request, to issue subpoenas to compel testimony and the production of relevant books, papers, and documents.

2044.4

In connection with any hearing held in accordance with this chapter, the Commission or its designee has the following powers:

(a) To require the attendance of witnesses and the production of books, papers, and other evidence;

(b) To administer oaths or affirmations to witnesses;

(c) To take testimony and examine witnesses;

(d) To require the respondent to undergo a medical examination by a physician approved by the Commission;

(e) To direct the continuance of a case; and

(f) To issue other orders necessary to its conduct of the proceedings.

2044.5

The Commission shall require the attendance of witnesses and production of books, papers, and other evidence reasonably requested by the respondent.

2044.6

In case of contumacy by or refusal by any person to obey a subpoena or other lawful order of the Commission, the Commission may refer the matter to the Superior Court of the District of Columbia, which may by order require the person to appear and give testimony or produce books, papers, or other evidence bearing on the hearing or to undergo a medical examination. Refusal to obey such an order constitutes contempt of court.

2044.7

The Commission shall exclude irrelevant, immaterial or unduly repetitious evidence or testimony.

2044.8

The Commission 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 the Commission 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.

2044.9

If the Commission takes official notice of material fact not appearing in 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.

2044.10

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. The Commission, in its discretion, may require additional evidence regarding any matter covered by a stipulation.

D.C. Mun. Regs. r. 19-2044

Final Rulemaking published at 35 DCR 3710, 3724-26 (May 20, 1988)