D.C. Mun. Regs. tit. 4, r. 4-116

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 4-116 - CONDUCT OF HEARINGS BY HEARING EXAMINERS

116.1

The Director or the assigned Hearing Examiner shall notify all necessary parties in writing that a hearing will be held.

116.2

Hearings shall be held by a qualified Hearing Examiner, who shall not be an employee of the agency in which the complaint arose, and who shall not have investigated the complaint or taken or reviewed an action giving rise to the complaint being heard.

116.3

The Director shall select a Hearing Examiner qualified to conduct a hearing on a discrimination complaint either from among impartial employees, including OHR employees, or from outside contractors of the District government.

116.4

In addition to any other power specified in this chapter, a Hearing Examiner shall have the power to do the following:

(a) Hold a hearing on the issue of the probable cause finding;

(b) Hold pre-hearing conferences to narrow the issues of the complaint, provide notice and information of the hearing procedure, and to take other actions deemed necessary to expedite the hearing;

(c) Administer oaths and affirmations;

(d) Examine and cross-examine witnesses;

(e) Request the issuance of subpoenas authorized under this chapter;

(f) Rule upon offers of proof and receive evidence;

(g) Regulate the course and conduct of the hearing, including the following:

(1) Continuing the hearings to a later date or different place by announcement at the hearings or other appropriate notice;

(2) Taking official notice of any material fact;

(3) Ruling upon the admissibility of evidence and testimony;

(4) Determining whether the hearing will be open to the public; and

(5) Taking appropriate measures to assure that there shall be no interference with the orderly conduct of the hearing; and

(h) Prepare and deliver to the Director a Hearing Examiner's report, which shall include a brief and concise statement of the history of the subject matter of the hearing, findings of fact, conclusions of law, analysis, and a recommendation or proposed order.

(i) If either party fails to respond to the Hearing Examiner's requests for information or hearing, the Hearing Examiner shall request that the Director issue an Order;

(j) If either party fails to respond to the Order of the Director without reasonable excuse, the Director may issue a determination against the non-responsive party.

116.5

The Director shall transmit the complaint file to the Hearing Examiner.

116.6

The Hearing Examiner shall review the complaint file to determine whether further investigation is needed before scheduling the hearing.

116.7

If the Hearing Examiner determines that further investigation is needed, the Hearing Examiner shall either return the complaint file to the Director for further investigation or arrange with the Director for the appearance of witnesses necessary to supply the needed information at the hearing.

116.8

The Hearing Examiner shall schedule the hearing for a convenient time and place.

116.9

The Director shall provide the Hearing Examiner adequate space,

appurtenances, and services necessary for the hearing.

D.C. Mun. Regs. tit. 4, r. 4-116

Final Rulemaking published at 31 DCR 56, 73 (January 6, 1984); as amended by Final Rulemaking published at 43 DCR 6569, 6575-76 (December 13, 1996); as amended by Final Rulemaking published at 57 DCR 9162, 9178-9179 (October 1, 2010)

Authority: Set forth in section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c) ).