D.C. Mun. Regs. r. 3-5517

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

Rule 3-5517 - SPECIFIC RULES OF HEARING PROCEDURE

5517.1

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

5517.2

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.

5517.3

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

5517.4

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

5517.5

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

(a) Call to order and opening statements by the Chairperson and members of the Board;

(b) Introductory statement by Director or staff;

(c) Introductory statement by the respondent, if any;

(d) Consideration of pending motions and procedural matters;

(e) The Director's case;

(f) The respondent's case; and

(g) Any rebuttal offered by the Director.

5517.6

If there is more than one respondent, the respondents shall stipulate their order of presentation. If the respondents are unable to agree, the Chairperson shall set the order.

5517.7

In an adversarial hearing no decision or order of the Board shall be made except upon the exclusive record of the proceedings before the Board.

D.C. Mun. Regs. r. 3-5517

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.)).