D.C. Mun. Regs. tit. 24, r. 24-1310

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

Rule 24-1310 - HEARING EXAMINERS

1310.1

Any hearing required by D.C. Law 6-100, the "Litter Control Administration Act of 1985" (D.C. Code § 6-2901 et seq.) or this chapter shall be held before a Hearing Examiner or the Chief, Office of Public Space Adjudication. No other person shall have the authority to adjudicate the solid waste or public space violations specified by the "Litter Control Administration Act of 1985" or to dismiss a Notice that has been returned to the Department.

1310.2

A Hearing Examiner shall have the following powers, in addition to any other powers specified in this chapter:

(a) To give appropriate notices;

(b) To administer oaths and affirmations;

(c) To examine witnesses and to take testimony;

(d) To request the Superior Court of the District of Columbia to issue subpoena;

(e) To permit depositions or interrogatories;

(f) To rule upon offers of proof and to receive relevant evidence;

(g) To regulate the course and conduct of hearings;

(h) To hold conferences before, during, or after a hearing to settle or simplify issues;

(i) To make final determinations as provided herein or by law;

(j) To take any other action authorized by this chapter, the Administrative Procedure Act, or by any other applicable statute, rule or regulation;

(k) Upon application, to reopen the record to receive additional evidence; and

(l) To review charges for abatement activities performed by the Mayor.

1310.3 A Hearing Examiner shall not hear any case in which he or she has any interest with either a party or the matter pending.

D.C. Mun. Regs. tit. 24, r. 24-1310

Final Rulemaking published at 34 DCR 7807, 7816 (December 4, 1987); as amended by Final Rulemaking published at 36 DCR 1099, 1100 (February 3, 1989)