D.C. Mun. Regs. tit. 17, r. 17-2940

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

Rule 17-2940 - EVIDENCE AT THE HEARING

2940.1

All testimony at a hearing before the Director shall be under oath or affirmation.

2940.2

If any part of the record in any other proceeding previously held before the Director, or part of the record in any criminal or civil action, including hearings before any administrative agency, is offered in evidence, a certified true copy of that part shall be presented to the Board in the form of an exhibit, unless either of the following requirements is satisfied:

(a) The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by the Director; or

(b) There is a stipulation that the record may be incorporated by reference and the Director orders that incorporation.

2940.3

The Director shall exclude irrelevant, immaterial, and unduly repetitious evidence.

2940.4

The Director may take official notice, at the request of a party or on its own motion, of the following:

(a) The law and rules of the District of Columbia, the United States, and any state or other jurisdiction of the United States;

(b) Material facts in the official files of the Department or other District of Columbia or federal agency; or

(c) A fact which is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to sources the accuracy of which cannot reasonably be questioned.

2940.5

If the Director takes official notice of a material fact not appearing in the evidence in the record, a party shall be given an opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

2940.6

The parties may, by stipulation in writing filed with the Director, agree on the facts or any portion thereof involved in a hearing. The parties may also stipulate the testimony that would be given by a witness if the witness were present. The Director, in the Director's discretion, may require additional evidence concerning any matter covered by a stipulation.

D.C. Mun. Regs. tit. 17, r. 17-2940

Final Rulemaking published at 35 DCR 6630, 6652 (September 2, 1988)