D.C. Mun. Regs. tit. 29, r. 29-5909

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

Rule 29-5909 - FAIR HEARING PROCEDURES

5909.1

This section applies to an expedited preliminary review and to a fair hearing.

5909.2

The expedited preliminary review and the fair hearing shall be presided over by an impartial Hearing Examiner who has no involvement with the action that is at issue in the fair hearing.

5909.3

The Hearing Examiner shall receive written and oral documentary evidence, but shall exclude irrelevant, immaterial, and unduly repetitious evidence.

5909.4

The appellant and CFSA may:

(a) Call and examine witnesses;

(b) Introduce documentary evidence;

(c) Examine any documentary evidence introduced in the fair hearing by any party to the proceeding;

(d) Cross-examine opposing witnesses on any matter relevant to the issues under review even if that matter was not covered in the direct examination; and

(e) Submit rebuttal evidence.

5909.5

Each fair hearing shall be recorded. The fair hearing need not be transcribed unless a copy of such record is timely requested by any party, who shall bear the costs, unless otherwise required by law.

5909.6

The recording, exhibits, all papers, requests, and other documents filed in the proceedings, the decision, and the findings and conclusions constitute the exclusive record of the fair hearing. The record shall be available to the appellant for a period of two years or until any litigation relating to the decision has ended, whichever is later.

5909.7

CFSA shall bear the burden of proof by a preponderance of the evidence at any fair hearing.

D.C. Mun. Regs. tit. 29, r. 29-5909

Emergency published at 47 DCR 6035 (July 28, 2000) [EXPIRED]; as amended by Emergency published at 48 DCR 10067 (November 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 49 DCR 2440 (March 15, 2002)