D.C. Mun. Regs. r. 3-5507

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-5507 - EVIDENCE
5507.1

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

5507.2

The Board may permit rebuttal evidence.

5507.3

Any party objecting to the admissibility of evidence shall state the grounds of the objection(s) relied upon.

5507.4

A party may place on the record a statement summarizing any evidence excluded by the Board.

5507.5

If excluded evidence consists of documentary evidence, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.

5507.6

The Board, in its discretion, may receive into evidence certified copies of documents in place of the originals.

5507.7

If a party is offering materials contained in a book or larger document, that party shall plainly designate the relevant portions. The remaining material contained in that book or document shall be excluded.

5507.8

No document or other writing shall be accepted for the record after the close of the hearing, except with the consent of the Board after due notice to the opposing parties and only when the receipt of the document will not unfairly affect the interest of a party.

5507.9

During an adversarial hearing under § 5517, witnesses may be examined or cross-examined by the Board, the Director, respondent, or any party so designated by the Board pursuant to this chapter.

5507.10

During a meeting to consider a rulemaking conducted under § 5525, witnesses may be examined only by the Board.

5507.11

The Board may admit hearsay evidence during an adversarial hearing if it determines it will be relevant and material to the resolution of any factual issue in dispute in the matter before the Board.

D.C. Mun. Regs. r. 3-5507

Final Rulemaking published at 60 DCR 747 (January 25, 2013); amended by Final Rulemaking published at 66 DCR 10535 (8/16/2019)
Authority: Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.) (2012 Supp.)).