D.C. Mun. Regs. tit. 4, r. 4-434

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

Rule 4-434 - SANCTIONS

434.1

The hearing examiner may impose or recommend sanctions against any person present at or connected with a hearing proceeding who fails to comply with the hearing examiner's instructions, engages in willful dilatory conduct, resists the Commission, disrupts the proceeding, or engages in any other form of misconduct.

434.2

The sanctions that are generally applicable to such misconduct shall include, but shall not be limited to, the following:

(a) Exclusion from any part or all of the remainder of the proceedings; and

(b) Recommendation by the hearing examiner that the Office of Attorney General institute, in the name of the District of Columbia, criminal proceedings that may result in fines or imprisonment, pursuant to D.C. Official Code § 1-1402.64 (2001).

434.3

The sanctions that may be specifically applicable to misconduct engaged in by parties or their representative shall include, but shall not be limited to, the following:

(a) Recommendation by the hearing examiner that the Hearing Tribunal dismiss the complaint in accordance with § 426 or institute default proceedings in accordance with § 427 when the complainant or the respondent fails to appear at or be prepared for any scheduled phase of the hearing process preceded by proper notice;

(b) Inference adverse to the interest of any party engaging in ex parte communications, on any issue which is the subject of the communications;

(c) Inference of facts sought to be established through discovery, in favor of the party seeking discovery, when the party from whom discovery is sought fails to comply with an order of the Commission compelling discovery;

(d) Prohibition of a party failing to comply with an order of the Commission compelling discovery, from asserting a claim or defense or introducing evidence regarding matters which are the subject of the order compelling discovery;

(e) Striking of pleadings or parts thereof which relate to matters which are the subject of an order of the Commission compelling discovery with which the pleading party failed to comply;

(f) Invocation of D.C. Official Code § 2-1402.64 (2001), when a party fails or refuses to comply with an Order of the Commission compelling discovery;

(g) Striking of pleadings that have not been signed in good faith;

(h) Inference that evidence is adverse to the interest of any party failing to comply with the hearing examiner's instructions to produce the evidence; provided, that it is reasonably available and not subject to any privilege;

(i) Inference of admission when a party refused to respond to a request for admission of genuineness of an exhibit or of the truth of a fact;

(j) Exclusion of testimony of witnesses whose appearances are not preceded by reasonable efforts of the calling party to provide other parties with notice of their appearances; and

(k) Recommendation by the hearing examiner that the Commission suspend the privilege of a representative to practice before it when the representative's misconduct is of an egregious or repeated character. Any party whose representative has been excluded from the proceedings shall be granted a reasonable continuance within which to obtain alternate representation.

434.4

The sanctions that may be specifically applicable to misconduct engaged in by witnesses called before the Commission shall include, but shall not be limited to, the following:

(a) Recommendation by the hearing examiner that the Chairperson report to the Office of Attorney General the failure of any witness to appear pursuant to a duly issued and served subpoena. The Chairperson shall seek enforcement of the subpoena by the Office of Attorney General in the Superior Court of the District of Columbia.

(b) Inference that the answer to a question ruled proper by the hearing examiner, which the witness refuses to answer, is favorable to the interest of the party on whose behalf the question is propounded; or striking of all of the witness' testimony; provided, that the testimony is not subject to any privilege;

(c) Invocation of D.C. Official Code § 2-1402.64 (2001), when a witness refuses to answer a question ruled proper by the hearing examiner; provided, that the testimony is not subject to any privilege;

(d) Invocation of D.C. Official Code § 2-1402.64 (2001), or exclusion or striking of testimony of any witness failing to comply with § 423.3 of this chapter; and

(e) Recommendation by the hearing examiner that the -Office of Attorney General institute, in the name of the District of Columbia, criminal proceedings that may result in the punishment prescribed by law for perjury when a witness willfully testifies falsely.

D.C. Mun. Regs. tit. 4, r. 4-434

Final Rulemaking published at 42 DCR 1429, 1454-56 (March 24, 1995). Mayor's Order 2004-92 (5-26-04)