D.C. Mun. Regs. r. 24-1507

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

Rule 24-1507 - PRE-HEARING PROCEDURES

1507.1

The President or his or her designee shall notify the respondent, both in writing and, if possible, by phone, of the date, time, and place of the hearing. The notice shall be provided at least three (3) days in advance of the hearing.

1507.2

The hearing shall be held within ten (10) days of the date of the hearing request, unless the time is extended for good cause.

1507.3

The notice of hearing shall:

(a) Include a summary of or a copy of the rules governing the hearing process;

(b) Advise the respondent:

(1) Of his or her right to be represented by a lawyer or other person at the hearing, at the respondent's own expense;

(2) Of the right to present documents and witnesses, including WHS employees, in support of the appeal;

(3) Of the right to examine and duplicate, at respondent's expense, the written summary, and any evidence appended to the summary, described in § 1505 at least three (3) days prior to the date of the hearing;

(4) Of the right to examine and duplicate, at respondent's expense, the written summary of expenses described in § 1506 at least three (3) days prior to the date of the hearing;

(5) Of the right to examine any part of the case record, except for information that the President or his or her designee classifies as confidential, at least three (3) days prior to the hearing;

(6) That if the respondent or a witness is deaf or cannot readily understand or communicate the spoken English language, the respondent may apply to WHS for the appointment of a qualified interpreter and such services will be provided;

(7) Of the name and telephone number of the person to call if the respondent cannot attend the hearing; and

(8) The failure to attend the hearing without good cause may result in dismissal of the appeal.

1507.4

The respondent may request a change of the date, time, or place of the hearing. If the President or his or her designee finds that good cause for a change exists, he or she shall set another date, time, or place for the hearing. The time limit established by § 1502.2 shall be extended by the period of delay.

1507.5

The respondent may request, in writing, assistance to secure the attendance at the hearing of any WHS employee. The request shall state the reasons why the employee's attendance is required. If the President or his or her designee decides that the employee's attendance is necessary for the fair determination of the issues on appeal, the President or his or her designee shall require the employee, if still employed by WHS, to be present at the hearing.

1507.6

The President or his or her designee may require the presence at the hearing of any WHS employee.

1507.7

The respondent may examine and/or duplicate the written summary, and any evidence appended to that summary, described in § 1505 at least three (3) days prior to the hearing.

1507.8

The respondent may examine and/or duplicate the written summary of expenses described in § 1506 at least three (3) days prior to the hearing.

1507.9

The respondent may examine any part of the case record, except for information that the President or her designee classifies as confidential, at least three (3) days prior to the hearing.

D.C. Mun. Regs. r. 24-1507

Notice of Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published 56 DCR 2374, 2379 (March 27, 2009)

Authority: The City Administrator, pursuant to section 4(c)(1) of An Act to prevent cruelty to children or animals in the District of Columbia, and for other purposes, approved June 25, 1892 (27 Stat. 61; D.C. Official Code § 22-1004(c)(1), and Mayor's Order 1988-16 (January 22, 1988).