D.C. Mun. Regs. tit. 6, r. 6-A2120

Current through Register Vol. 71, No. 39, September 27, 2024

Rule 6-A2120 - HEARING PROCEDURES

2120.1

The complaint examiner must provide the complainant and the subject officer at least twenty (20) days advance notice of the hearing. The notice shall include the time, date and location of the hearing. If requested by the complainant or the subject officer within ten (10) days of the date of the hearing notice, OPC shall provide an interpreter for the hearing.

2120.2

The Executive Director may cause the issuance of subpoenas to compel the appearance of witnesses, the complainant, the subject officer, the production of documents, and any other evidence as may be necessary for purposes of the hearing.

2120.3

All hearings shall be open to the public, unless the Executive Director approves the request of the complaint examiner to close the hearing to the public.

2120.4

The complainant may represent him or herself during the hearing or any phase of the complaint examination process, or may be represented by an attorney or other representative of their choice or by a law student under the supervision of a licensed attorney. OPC may assist in obtaining pro bono counsel for the complainant. Subject officers may represent themselves or be represented by a member of or an attorney for the police officers' labor organization, or by another representative of their own choosing.

2120.5

Hearings shall be conducted in accordance with the following provisions:

(a)Burden and Standard of Proof: The burden shall be on the complainant to show by a preponderance of the evidence that the alleged misconduct actually occurred.

(b)Exhibits: All evidence to be considered in the case, including, but not limited to, all records in the possession of either party, or a true and accurate photocopy, shall be marked as that party's exhibit and offered and made a part of the record. Such exhibits shall be preserved by the complaint examiner and shall be turned over to OPC at the conclusion of the proceedings, to be filed with other closed records.

(c)Rules of Evidence: District of Columbia rules of evidence shall not apply to these hearings. Any objection, including grounds for such objection, may be stated orally and shall be included in the record. The complaint examiner shall consider and rule upon objections as appropriate. The complaint examiner may admit all evidence, which possesses probative value, including reliable hearsay. Evidence which is irrelevant, immaterial or which is unduly repetitious shall be excluded.

2120.6

The failure of the subject officer and his or her representative to appear at the hearing, without good cause as determined by the complaint examiner, may be considered in the weighing of the evidence.

2120.7

If the complainant fails to appear at the hearing, without good cause as determined by the complaint examiner, the complaint examiner may ask that the complaint be dismissed by the Executive Director with the concurrence of a member of the Board.

2120.8

If the complaint examiner finds good cause for the complainant's failure to appear, the hearing will be promptly rescheduled.

2120.9

Examples of good cause for failure to appear include, but are not limited to:

(a) Sudden, severe illness or accident;

(b) Death or serious illness in the immediate family, such as spouse, partner, children, parents, siblings;

(c) Incarceration; or

(d) Inclement weather.

2120.10

If a witness designated by the complaint examiner at the preliminary conference to testify fails to appear at the hearing, the complaint examiner will determine how to proceed.

2120.11

The hearing shall proceed in the following order:

(a)Opening the Hearing: The complaint examiner shall begin the hearing by briefly stating the complaint allegations and the procedural rules, including any additional rules.

(b)Opening Statement: The complainant, or his or her representative, shall make a short oral statement to the complaint examiner first. The subject officer, or his or her representative, shall follow.

(c)Presentation of Evidence and Witnesses: All witnesses shall be introduced and sworn in by the complaint examiner. The complainant shall present his or her witnesses first, and the subject officer may introduce witnesses second. Each party may introduce evidence as necessary during questioning of witnesses. Each party has the right to cross-examine witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination. All witnesses may be questioned by the complaint examiner.

(d)Closing Statements: At the close of the presentation of evidence, the complaint examiner may provide each party with the opportunity for closing statements. The complainant shall proceed first and the subject officer shall follow.

(e)Final Briefs: The complaint examiner may direct parties to submit final briefs. The complaint examiner will set a due date for final briefs, and they shall not exceed ten (10) typewritten double-spaced pages unless the complaint examiner agrees in advance to accept a longer submission.

D.C. Mun. Regs. tit. 6, r. 6-A2120

Final Rulemaking published at 49 DCR 8347 (August 30, 2002); amended by Final Rulemaking published at 64 DCR 12677 (12/15/2017)