D.C. Mun. Regs. tit. 23, r. 23-1722

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 23-1722 - PROTEST INFORMATION FORMS AND EXHIBIT FORM

1722.1

All parties to a protest hearing shall file a Protest Information Form (PIF) and an Exhibit Form.

1722.2

The PIF shall identify the following specific items:

(a) Agreements made by the parties as to any protest issues which limit the issues for hearing to those not disposed of or resolved by mediation;

(b) Unresolved issues that remain the subject of the protest hearing;

(c) Witnesses who are expected to testify;

(d) Exhibits the party intends to offer into evidence, the completed Exhibit Form, and copies of the exhibits;

(e) List of material facts or the contents or authenticity of any document to which the parties have agreed to stipulate; and

(f) The relief sought.

1722.3

The PIF must be signed by the party's representative or by the party if the party is proceeding pro se.

1722.4

The exhibit form shall list each of the exhibits the party intends to introduce at the protest hearing, along with copies of the exhibits.

1722.5

The PIF shall contain a copy of the résumé for any witnesses for whom a party intends to call as an expert.

1722.6

The Board may exclude at the hearing any witnesses or exhibits not disclosed on the PIF or the Exhibit Form if the Board finds that the opposing party has been prejudiced by the failure to disclose or if there has been a knowing failure to disclose.

1722.7

The Board shall have the discretion to receive documentary evidence from the parties not already listed or attached to the PIF or the Exhibit Form upon a finding of good cause.

1722.8

The PIF and Exhibit Form and any attachments shall be served on all parties and ABRA's Office of General Counsel seven (7) calendar days prior to the hearing.

1722.9

The Board may allow a party to submit their PIF and Exhibit Form, or amend their PIF and Exhibit Form, after the submission deadline set forth in § 1722.8 for good cause.

1722.10

Failure to file a PIF and Exhibit Form pursuant to this section may result in the exclusion of evidence, the dismissal of the license application or protest, unless in the discretion of the Board, good cause is shown for the party's failure to file.

D.C. Mun. Regs. tit. 23, r. 23-1722

Final Rulemaking published at 64 DCR 1357 (2/10/2017); amended by Final Rulemaking published at 67 DCR 14482 (12/11/2020)