D.C. Mun. Regs. tit. 24, r. 24-1309

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 24-1309 - HEARINGS
1309.1

All hearings shall be open to the public.

1309.2

Hearings shall be held at the location indicated on the Notice of Violation; Provided, that the Director, at his or her discretion, may establish other permanent or temporary hearing locations.

1309.3

The Hearing Examiner shall ensure that the hearing is conducted in an orderly manner and shall have the authority to exclude any respondent or other person from the hearing on the grounds of substantial interference with, or obstruction of, an orderly hearing process.

1309.4

The Department may consolidate for hearing or appeal any and all matters within its jurisdiction pending against a respondent.

1309.5

The Rules of Civil Procedure and the Rules of Criminal Procedure for the Superior Court of the District of Columbia are not binding under the provisions of D.C. Law 6-100, the "Litter Control Administration Act of 1985" (D.C. Code § 6-2901 et seq.).

1309.6

All testimony shall be given under oath or affirmation administered by the Hearing Examiner.

1309.7

The burden of proof shall be on the District.

1309.8

The standard of proof shall be a preponderance of evidence.

1309.9

Hearings shall be recorded and shall be available for transcription upon the request of any party in accordance with the provisions of § 1316 of this chapter.

1309.10

The order in which evidence and allegations shall be presented shall be within the discretion of the Hearing Examiner.

1309.11

Examiners assigned to render a decision in any proceedings under this chapter shall not communicate, directly or indirectly, with any person involved in, or a party to. such proceedings except upon notice and opportunity for all parties to participate.

1309.12

If any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, refuses to be examined, or refuses to obey any lawful order of the Hearing, the Hearing Examiner may apply to the Superior Court of the District of Columbia for an order requiring compliance.

1309.13

The Hearing Examiner shall follow the general rules of evidence applicable to administrative hearings under the District of Columbia Administrative Procedure Act, P.L. 90-614 (D.C. Code § 1-1501 et seq. (1981)).

D.C. Mun. Regs. tit. 24, r. 24-1309

Final Rulemaking published at 34 DCR 7807, 7814 (December 4, 1987)