D.C. Mun. Regs. tit. 4, r. 4-1623
Hearings shall be conducted in accordance with the Subchapter I of the Administrative Procedure Act (D.C. Official Code §§ 2-501et seq.) and shall be conducted by hearing examiners employed by, or providing pro bono assistance, to OHR.
Discovery may be obtained through any of the following methods; provided, that all requests for discovery shall be filed with the hearing examiner and served on the adverse party no later than fifteen (15) calendar days prior to the hearing:
If a party fails to answer a request for discovery, the requesting party may move for an order from the hearing examiner compelling discovery by filing a motion to compel discovery. The party shall also file the motion on the adverse party.
An evasive or incomplete answer to a request for discovery shall be considered a failure to answer.
Should the party resisting discovery find that the discovery request is unduly burdensome, it may file a motion to quash with the hearing examiner. In its opposition to the motion, the requesting party shall show a substantial need for the requested material and its inability to obtain the material by alternate means.
The party resisting discovery may file a response with the hearing examiner and serve the adverse party with the response within five (5) calendar days after the original request for an order.
The hearing examiner may issue an order compelling the discovery, limiting its scope, issuing a protective order, or granting any other relief as the case and the interests of justice demand.
Any party may request that the hearing examiner issue a subpoena compelling the appearance and testimony of a witness or the production of documents. The application for any subpoena shall state, with particularity, the testimony or evidence being sought and the time and place for production. The adverse party may challenge the issuance of a subpoena by filing a motion to quash with the hearing examiner and serving the motion to quash on the adverse party within five (5) calendar days after the service of the subpoena on the party challenging the subpoena.
The hearing examiner shall have the same powers and remedies available in ruling on challenges to subpoenas as in ruling on challenges to discovery.
A party that fails to obey an order of the hearing examiner with respect to discovery or a subpoena shall be subject to those sanctions or remedies which exist for similar failures to obey orders in civil cases in the Superior Court of the District of Columbia.
Pre-hearing statements, if any, shall be filed by the parties at least ten (10) calendar days prior to the scheduled hearing date and served on the opposing party.
Hearings shall be conducted in an impartial manner. The hearing examiner may ask questions of witnesses, request the submission of additional documents or other evidence, may issue subpoenas for witnesses who refuse to attend, and may otherwise act to ensure both the protection of the substantive rights of the parties and the presentation of all relevant issues necessary for consideration and decision.
The party alleging violation of the DCFMLA bears the burden of coming forward with evidence to establish a prima facie case that the DCFMLA was violated. Once a prima facie case is established, the respondent employer shall bear the burden of producing evidence to the contrary. The complainant shall bear the burden of proof that the violations of the DCFMLA occurred; provided, that the employer shall bear the burden of proof that it should receive a reduction in damages pursuant to section 10(b)(6)(C) of the DCFMLA (D.C. Official Code § 32-509(b)(6)(C) ).
If either party fails to appear without good cause, the hearing examiner may hold that party in default, or may go forward with the hearing and decide the case on the basis of the record and the evidence presented by the appearing party.
The hearing examiner may exclude evidence from the record if it is incompetent, irrelevant, immaterial, or unduly repetitious.
Admissions or representations made in connection with prior settlement negotiations shall be excluded from the record.
Hearsay evidence may be admitted into the record at the discretion of the hearing examiner and accorded such weight as the hearing examiner considers warranted by the circumstances.
The parties may stipulate as to any matter of fact. A stipulation shall satisfy a party's burden of proving that fact.
The hearing examiner may, on the motion of a party or on its own initiative, take official notice of matters of common knowledge or of any information contained in the records of OHR or of other matters that can be verified. Official notice of any fact shall satisfy a party's burden of proving that fact.
When a witness is unavailable, as defined by the Civil Rules of the Superior Court of the District of Columbia, to testify in person, or upon the agreement of the parties, the hearing examiner may admit the content of the proffered testimony, in an alternate form, such as the following:
If a party seeks the admission of an alternate form of testimony, the hearing examiner shall require that party to provide notice and evidence of the witness's unavailability, as well as a proffer of the relevance of the testimony.
D.C. Mun. Regs. tit. 4, r. 4-1623