D.C. Mun. Regs. r. 3-423

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-423 - CONTESTED CASE HEARING
423.1

The rules of procedure set forth in this section shall apply to the contested case hearings.

423.2

All parties have the right to produce evidence and witnesses on their behalf and to rebut or explain testimony or evidence against them.

423.3

All parties have the right to cross-examine other parties and witnesses and to offer argument or explanation in support of their positions or contentions.

423.4

A party may cross-examine any other party or person, except the Board; provided, that the Chairperson may rule a question out of order when it is irrelevant, immaterial, or unduly repetitious.

423.5

In all cases involving violations of the Campaign Finance Reform and Conflict of Interest Act, the Office of Campaign Finance has the burden of proving a violation with reliable, probative and substantial evidence.

423.6

Witnesses shall be examined and cross-examined orally under oath or affirmation.

423.7

Evidence shall be taken in conformity with D.C. Code § 2-509(b) (2006 Repl.).

423.8

There shall be substantial evidence adequate to support pertinent and necessary findings of fact.

423.9

The order of procedure for presenting evidence at the hearing shall be as follows:

(a) Call to order and opening statement by the Chairperson;
(b) Introductory statement by Board's staff;
(c) Consideration of pending motions and procedural matters;
(d) The complainant's or agency's case;
(e) The respondent's case;
(f) The intervenor's case, if any; and
(g) Rebuttal by complainant or agency.
423.10

If there is more than one party within any category, the parties within the category shall stipulate their order of presentation. If the parties are unable to agree, the Board shall set the order.

423.11

In a contested case proceeding under this chapter, no decision or order of the Board on a complaint or petition shall be made except upon the exclusive record of the proceedings before the Board.

D.C. Mun. Regs. r. 3-423

Final Rulemaking published at 45 D.C. Reg. 432, 447-49 (January 23, 1998)