D.C. Mun. Regs. tit. 31, r. 31-321

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

Rule 31-321 - HEARINGS AND OTHER ADMINISTRATIVE REVIEW

321.1

A person has a right to a hearing whenever he or she has been aggrieved or adversely affected by any act or refusal to act, or the issuance of any order or decision by the Office which is subject to review by any applicable statute or rule, or which constitutes a "contested case" as this term is defined in the Administrative Procedure Act.

321.2

The Panel and its hearing panels:

(a) Exercise authority as provided in the Act;

(b) Adjudicate complaints filed under Chapters 8, 9, and 10 of this title;

(c) Consider appeals from adverse actions taken by the Chairperson as superintendent of the Office concerning licenses;

(d) Hear contests as to the imposition of fines pursuant to § 825 of this title;

(e) Hear appeals from certain decisions of the Bureau of Traffic Adjudication pursuant to § 322; and

(f) Consider intraindustry complaints and disputes.

321.3

The right to a hearing shall not extend to any act or decision which is based solely on the results of any test, examination, or inspection given or made by the Office.

321.4

Hearings may be afforded persons not otherwise qualified under the provisions of § 321.2 at the discretion of the Chairperson, or as specifically provided in §§ 320 to 358 and 399.

321.5

Any person entitled to a hearing may demand the hearing by written demand which shall comply with the requirements of §§ 320 to 358 and 399.

321.6

Every party shall have the right to present his or her case or defense by oral or documentary evidence, to submit evidence in rebuttal and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

321.7

When two (2) or more hearings are to be held, and the same or substantially similar evidence is relevant and material to the matters in issue at each hearing, the Chairperson may fix the same time and place for each hearing and conduct the hearings jointly.

321.8

When joint hearings are held, a single record of the proceedings shall be made, the evidence introduced in one case may be considered as introduced in the others, and a separate or joint decision shall be made, as appropriate.

D.C. Mun. Regs. tit. 31, r. 31-321

Final Rulemaking published at 34 DCR 6751, 6759 (October 23, 1987)