D.C. Mun. Regs. tit. 1, r. 1-2977

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2977 - PUBLIC BENEFITS CASES - HEARINGS AND EVIDENCE

2977.1

The Administrative Law Judge shall decide at each hearing the order in which the parties will present their cases.

2977.2

If a party who requests a hearing fails to attend the hearing or a status conference without good cause, the Administrative Law Judge may dismiss the case without prejudice. "Good cause" for failing to attend a hearing or status conference includes, but is not limited to: serious illness, an accident, an unexpected childcare issue, severe weather conditions, or other emergency.

2977.3

If the agency or service provider whose action or inaction is being challenged fails to attend the hearing, the Administrative Law Judge may rule in favor of the person who requested the hearing.

2977.4

In a SNAP (formerly Food Stamps) Intentional Program Violation case, the District shall prove its case even if the other party fails to attend the hearing.

2977.5

Parties shall have the following rights at a hearing:

(a) To testify and to have other witnesses testify for them;

(b) To cross-examine witnesses called by another party;

(c) To request that any prospective witness be excluded from the courtroom;

(d) To examine all exhibits offered into evidence by another party;

(e) To object to the admission of any testimony or other evidence;

(f) To subpoena witnesses, as provided in §§ 2975; and

(g) To appear with a representative, as provided in §§ 2972 and 2973.

2977.6

At a hearing, all parties may present evidence. "Evidence" includes testimony by the parties and any witnesses that a party may present. Evidence also includes documents, photographs, or any other items that a party believes may help the Administrative Law Judge decide the case. The Administrative Law Judge shall decide what evidence becomes part of the record.

2977.7

Unless otherwise ordered by the presiding Administrative Law Judge, at least five (5) calendar days before the hearing date, each party shall file with OAH, and send to the other parties, a list of witnesses' names and addresses, if available; and copies of any documents, photographs, or other items that the party wants the Administrative Law Judge to consider at the hearing. If the party who requested a hearing needs assistance copying or scanning documents or photographs, the party may request assistance from OAH.

2977.8

If anything is not filed according to the requirements of §§ 2977.7, and the other party shows that it has been prejudiced, the Administrative Law Judge shall have the discretion to set a new hearing date to allow the other party to prepare.

2977.9

If any party demonstrates that it has been prejudiced by the unexpected appearance of a witness, the Administrative Law Judge shall have the discretion to set a new hearing date to allow the other party to prepare for the witness testimony. If a witness was named on the witness list in the manner provided in §§ 2977.7, the Administrative Law Judge shall find that there has been no prejudice.

D.C. Mun. Regs. tit. 1, r. 1-2977

Final Rulemaking published at 53 DCR 2009, 2015 (March 17, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12590 (December 31, 2010); Final Rulemaking published at 63 DCR 6594 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Notice of Final Rulemaking published at 59 DCR 3128 (April 20, 2012) renamed chapter 29, "Office of Administrative Hearings: Rules for DCPS, Rental Housing, Public Benefits, and Unemployment Insurance Cases."

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .