D.C. Mun. Regs. r. 27-210

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

Rule 27-210 - PREHEARING PROCEDURES

210.1

The Board may, upon its own initiative, or upon application of either party, arrange for a telephone conference or direct the parties to appear before the Board at a specified time and place, prior to or during the course of a hearing, to consider the following:

(a) Settlement of part or all of the dispute;

(b) The simplification of issues;

(c) The necessity or desirability of amending the pleadings;

(d) The possibility of obtaining admission of fact and stipulations concerning the use of documents to avoid unnecessary proof;

(e) The limitation of the number of witnesses;

(f) The possibility of prior mutual exchange of prepared testimony and exhibits between the parties;

(g) A schedule for the completion of discovery, if discovery is deemed necessary, and has not been completed; and

(h) Any other matters that may aid in shortening the hearing on the merits and in the disposition of the appeal.

210.2

The Board shall make an order or memorandum which shall recite the action taken at the conference. This order or memorandum, when filed, shall be a part of the record in the appeal and shall control the subsequent course of the appeal unless modified by the Board.

210.3

The Board may, on its initiative or upon application of either party, order the parties to file prehearing briefs explaining and analyzing the legal issues in any case.

210.4

Pleadings, discovery, and other prehearing activity shall be allowed only as consistent with the requirement to conduct the hearing on the date scheduled, or, if no hearing is scheduled, to close the record in a reasonable time. The Board, at its discretion, may impose shortened time periods for any actions prescribed or allowed under these rules.

D.C. Mun. Regs. r. 27-210

Final Rulemaking published at 49 DCR 2078 (March 8, 2002); amended by Final Rulemaking published at 67 DCR 1734 (4/6/2020)