D.C. Mun. Regs. tit. 7, r. 7-222

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 7-222 - PRE-HEARING PROCEDURES

222.1

The Hearing and Adjudication Section shall furnish interested parties or their representatives with a copy of a Joint Pre-Hearing Statement Form. Unless otherwise ordered by the Hearing Examiner or Attorney, the party applying for the formal hearing or their representative shall, after consultation with the opposing party, prepare the Joint Pre-Hearing Statement for the signature of each party. Failure by any interested party to participate in the timely completion and submission of the Joint Pre-Hearing Statement shall result in the imposition of an appropriate sanction against the non-participating party by the Hearing Examiner or Attorney. The Joint Pre-Hearing Statement shall be filed with the Hearing and Adjudication Section as required by the Scheduling Order.

222.2

The Joint Pre-Hearing Statement shall include the following:

(a) The name of each party's representative;

(b) The basis for jurisdiction, or if contested, the jurisdictional questions;

(c) A brief statement of the facts as claimed by the interested parties;

(d) A listing of all uncontested or stipulated material facts;

(e) A listing of the contested issues of fact and law;

(f) A statement that discovery is complete;

(g) A listing of each party's exhibits, and witnesses, excepting impeachment witnesses;

(h) A statement informing the parties of the availability of, and need to request an interpreter for a party or witness who cannot understand or communicate in the spoken English language or because of a hearing impediment cannot readily understand or communicate in the spoken English language;

(i) A realistic estimate of the time the formal hearing will require;

(j) The statement, "This Joint Pre-Hearing Statement has been formulated after conference between counsel or the representatives of the respective parties and reasonable opportunity has been afforded the participants for corrections, or additions, prior to signing"; and

(k) The statement, "The possibility of settlement of this case has been actively considered.

222.3

The Hearing and Adjudication Section shall furnish a Scheduling Order to all interested parties, or their representatives, within ten (10) working days of its receipt of the application for formal hearing. The Scheduling Order shall contain the date for the submission to Hearing and Adjudication Section of the Joint Pre-Hearing Statement; the date for the close of the discovery period if discovery is not complete prior to the application for formal hearing; the date for the exchange of all documentary exhibits between the parties or their representatives, and the submission to the Hearing and Adjudication Section of exhibits; and, the date by which Motions to Amend the Joint Pre-Hearing Statement must be served upon the opposing party and filed with the Hearing and Adjudication Section.

222.4

If the party applying for a formal hearing fails to perform pursuant to the Scheduling Order, without good cause, the application for formal hearing shall be dismissed. If the party who has not requested the formal hearing fails to perform pursuant to the Scheduling Order, the formal hearing may be scheduled for ex parte proof. A request by either party to set aside the dismissal of an application for formal hearing or to vacate an Order setting a formal hearing on ex parte proof may be granted where the Hearing Examiner has found the party's failure to comport with the Scheduling Order was for good cause.

222.5

Requests for continuances of dates set in the Scheduling Order shall not be granted except for good cause shown. Where good cause has been shown and a previously scheduled date has been extended, this will extend by the identical time period the ninety (90) working day period for convening the formal hearing as contained in subsection 220.2 of this chapter.

D.C. Mun. Regs. tit. 7, r. 7-222

Notice of Final Rulemaking published at 41 DCR 3213 (June 3, 1994); as amended by D.C.ACT 12-571 at 46 DCR 891 (February 5, 1999)