D.C. Mun. Regs. r. 28-523

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

Rule 28-523 - NOTICE PRIOR TO HEARING

523.1

A resident shall receive written notice that the resident has been scheduled for a hearing before a Housing Board at least three (3) working days prior to the date of the hearing.

523.2

The notice shall inform the resident of the date, time, and place of the hearing.

523.3

The notice shall also specify for which of the following purposes the hearing is being held:

(a) To determine whether the resident is in need of protection;

(b) To determine whether the resident should be separated from identifiable victims, witnesses, or correctional staff; or

(c) To determine whether the prisoner poses a definite escape risk.

523.4

The notice shall also inform the resident of the right to obtain counsel.

523.5

The notice shall also inform the resident of the right to call witnesses and present documentary evidence and the right to confront and cross-examine adverse witnesses, subject to limitations imposed by the Housing Board.

523.6

The notice shall also inform the resident of the following:

(a) That the resident may be subject to criminal prosecution;

(b) That the resident has the right to remain silent, but that the resident's silence may be used against the resident at the Housing Hearing; and

(c) That the resident is entitled to testify at the Housing Hearing, but that any testimony which is given may be used against the resident in future Housing Hearings, Adjustment Hearings, or criminal prosecutions.

D.C. Mun. Regs. r. 28-523

Final Rulemaking published at 28 DCR 865, 894 (February 27, 1981)