D.C. Mun. Regs. r. 21-414

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

Rule 21-414 - HEARING OFFICERS

414.1

Upon the filing of a request for hearing, the General Manager may conduct a hearing or assign a hearing officer ("hearing officer") to the case. Thereafter, all motions and procedural requests shall be addressed to the hearing officer.

414.2

No hearing officer shall conduct a hearing in a proceeding in which he or she is prejudiced or partial with respect to any owner or occupant, or where that officer has any interest in the matter pending for decision.

414.3

No hearing officer shall have the authority to overrule any law or regulation of the District of Columbia.

414.4

The hearing officer shall have the following powers:

(a) To give notice concerning hearings;

(b) To administer oaths and affirmations;

(c) To examine witnesses and to take testimony;

(d) To issue subpoenas and order the parties to submit documents or other evidence;

(e) To request that investigative reports be prepared by DC Water in instances where the reports do not exist;

(f) To grant requests for discovery, if the discovery is necessary for the disposition of the appeal;

(g) To rule upon offers of proof and to receive relevant evidence;

(h) To regulate the course and conduct of hearings;

(i) To hold conferences, before or during a hearing, for the settlement or simplification of issues;

(j) To rule on motions and to dispose of procedural requests or similar matters;

(k) To issue final decisions as provided in this Section or by law;

(l) To adjust the charges for water, sewer, and groundwater sewer service based upon facts adduced at hearings held pursuant to this Chapter;

(m) To adjust the charges for groundwater sewer service based upon a challenge to a determination of practicability made pursuant to § 207; and

(n) To take any other action authorized by this Chapter, the Administrative Procedure Act, or by any other applicable statute, rule or regulation.

D.C. Mun. Regs. r. 21-414

Final Rulemaking published al 40 DCR 1300, 1312 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); amended by Final Rulemaking published at 68 DCR 13604 (12/17/2021)