D.C. Mun. Regs. tit. 30, r. 30-2222
An individual, group of individuals or entity that has been fined, whose application has been denied, or whose license has been revoked, or suspended shall have a right to a hearing before the Office and, in the event of its affirmation of the fine, denial, revocation, or suspension, whichever applies, the right to appeal the decision of the Office to the Superior Court of the District of Columbia
A request for a hearing shall be filed with the Office of Chief Financial Officer, Office of the General Counsel within fifteen (15) business days after the receipt of written notice of a fine or written notice denying, suspending, or revoking a GOS license.
Each request for a hearing shall contain the following information:
The General Counsel shall designate a Hearing Examiner to conduct the hearing and make proposed findings of fact and conclusions of law.
Any person filing a request for a hearing may be represented by counsel or any other person as a representative.
On the first occasion of appearance, persons who appear in a representative capacity shall file a written notice of appearance.
The notice of appearance shall state the person's name, local address, and local telephone number.
The written notice of appearance shall be part of the record.
Where these Rules do not address a procedural issue, the Hearing Examiner may be guided by the District of Columbia Superior Court Rules of Civil Procedure to decide the issue.
Decorum and good order shall be maintained at all times during any hearing.
Any person who refuses to comply with a reasonable order may be excluded from the hearing by the person conducting the hearing.
The Office will provide oral or sign-language interpretation services upon request for persons seeking information or participating in a hearing. The Hearing Examiner may order the use of such services at a hearing.
A person who needs language interpretation services for a hearing shall request them as early as possible to avoid delay.
Upon request by a party with impaired vision, the Office will provide official documents in Braille or a large print within a reasonable time.
An interpreter at a hearing shall swear or affirm under penalty of perjury to interpret accurately, completely, and impartially.
In any action, the parties or their representatives shall appear before the Hearing Examiner on a date set by the Hearing Examiner for a conference to consider the following:
The Hearing Examiner shall enter an order that recites the action taken at the conference. The order, when entered, shall control the subsequent course of the action.
In computing any period of time under this title, unless otherwise stated, time shall be computed in calendar days with the following exceptions:
Where good cause is shown, and upon a written request, the Hearing Examiner may order an extension of time if made prior to the expiration of the period prescribed.
The Hearing Examiner shall have the power to administer oaths, to take testimony under oath, subpoena witnesses, and require the production of records, papers, and documents relevant to the inquiry.
A subpoena for the appearance of witnesses and production of documents at a hearing shall only be issued by the Hearing Examiner.
A party may request a subpoena in writing, or the Hearing Examiner may issue a subpoena without a party's request.
Any request that the Hearing Examiner issue a subpoena should include a copy of the proposed subpoena and shall state the relevance of the requested testimony or documents. Subpoenas and forms to request a subpoena are available on the Office's website.
Unless otherwise provided by law or order of the Hearing Examiner, any request or a subpoena shall be filed no later than five (5) days prior to the hearing.
It is the responsibility of the requesting party to serve a subpoena in a timely fashion. Any person, including a party, who is at least eighteen (18) years of age, may serve a subpoena.
Service of a subpoena for a witness to appear at a hearing shall be made by personally delivering the subpoena to the witness. Unless otherwise ordered by the Hearing Examiner, service shall be made at least four (4) days before the hearing.
A subpoena for the production of documents at a hearing shall be directed to either an individual, a corporation, the government, or another entity.
A subpoena for the production of documents at a hearing shall be served by any of the following means:
A person or entity ordered to produce documents at a hearing:
A subpoena may be served at any place within the District or at any place outside the District that is within twenty-five (25) miles of the place of the hearing.
To prove service of a subpoena, a party shall file a written statement or shall provide in-court testimony describing the date and manner of service and the names of the persons served.
The Hearing Examiner may quash or modify a subpoena if it:
If a person or entity disobeys a subpoena, the Hearing Examiner may order compliance with the subpoena. If a person subject to the order fails to comply, the Hearing Examiner may impose monetary sanctions. In addition, a party may apply to the Superior Court of the District of Columbia for an order to show cause why that person should not be held in civil contempt.
Except upon order of the Hearing Examiner, a hearing scheduled before the Hearing Examiner, may not be delayed by a motion for a continuance unless the motion is made at least one (1) day prior to the scheduled hearing date and, in the opinion of the Hearing Examiner, sets forth good and sufficient cause for the continuance.
If a party to any proceeding under this chapter without sufficient reason fails to appear at the time and place set for the hearing, the Hearing Examiner may proceed to hear the matter on the record.
Hearings shall be recorded and transcribed under the direction of the Hearing Examiner.
Upon payment of reasonable cost, a transcript of the proceeding shall be supplied to interested parties.
Within a reasonable time after the close of a proceeding, the Hearing Examiner shall render a proposed written decision, accompanied by findings of fact, conclusions of law, and recommendations to the Executive Director.
The Executive Director may change a finding of fact or conclusion of law made by the Hearing Examiner or may vacate or modify an order issued by the Hearing Examiner only if the Executive Director determines:
If the Executive Director makes a change to a finding of fact or conclusion of law or vacates or modifies an order of the Hearing Examiner, the Executive Director must state in writing the specific reason and the legal basis for the change.
If the recommendation of the Hearing Examiner is adverse to the person who filed the request for a hearing, the person may file exceptions and present arguments to the Executive Director. The Executive Director shall make all final decisions on the issuance of fines or the denial, revocation, or suspension of licenses.
The Executive Director shall issue a final order accompanied by findings of fact and conclusions of law.
Findings of fact shall consist of a concise statement of conclusions on each contested issue of fact and shall be based solely upon the evidence contained in the record.
Findings of fact and conclusions of law shall be supported by and in accordance with reliable, probative, and substantial evidence.
At any time, the Hearing Examiner or the Clerk, in consultation with the Hearing Examiner, may correct clerical, typographical, numerical, or technical mistakes in the record and errors from oversight or omission.
The Hearing Examiner may order that notice of such corrections be given to the parties.
If a party has filed a request for appellate review, such mistakes may be corrected before the record is transmitted to the reviewing court and thereafter may be corrected with leave of the reviewing court.
Any person whose license is revoked, suspended, or assessed a penalty by the final decision of the Office following a hearing shall have the right to appeal the decision to the Superior Court of the District of Columbia within the time fixed by rule of the Court.
D.C. Mun. Regs. tit. 30, r. 30-2222