D.C. Mun. Regs. tit. 6, r. 6-B3735
Upon the timely filing of an answer, unless good cause to the contrary appears in the answer, or if no timely answer is filed, the Commission shall order an evidentiary hearing to be held before it concerning the matters specified in the notice of formal proceeding.
The Commission shall set a time and place for the hearing and, at least thirty (30) days prior to the date set, shall mail a notice of the hearing time and place by registered, certified, or express mail to the Administrative Law Judge addressed to the Administrative Law Judge at his or her Office of Administrative Hearings address and his or her last known home address and to the Administrative Law Judge's counsel, if any.
The Chairperson or the Commission may extend the time for the commencement of a hearing.
The Commission may rule on the defenses and challenges asserted in the answer at the outset of the hearing or may take them under advisement and rule on them during, at the close of, or after the hearing.
At least fifteen (15) days before the hearing, the Administrative Law Judge and the Commission shall disclose to each other a list of witnesses that each may call (except rebuttal witnesses) and the documents that each may offer at the hearing (except documents that will be used solely for impeachment). Such documents may be, redacted to protect privacy and confidential information, and to remove irrelevant and privileged information, but only to the extent consistent with due process.
At the time and place set for hearing, the Commission shall proceed with the hearing whether or not the Administrative Law Judge has filed an answer or appears at the hearing.
The hearing shall be held before the Commission, and evidence shall be received only when a quorum of the Commission is present.
The Chairperson, or his or her designee, shall control the conduct of the proceeding, which shall be conducted in accordance with the procedures for contested hearings under D.C. Official Code § 2-509 and any other applicable law. In evaluating the weight of any evidence, the Commission shall use the codified rules of evidence applicable in the Superior Court of the District of Columbia once a comprehensive codification occurs, or if no such code exists, the Federal Rules of Evidence.
The failure of the Administrative Law Judge to answer or to appear at the hearing shall not, standing alone, be taken as evidence of the truth of facts alleged to constitute cause for discipline or removal, but it may be a basis for an adverse inference.
Special counsel designated by the Commission may present evidence against the Administrative Law Judge at the hearing.
The Commission shall keep a complete record of each formal proceeding, including a verbatim record of each hearing. Upon request, a copy of the record of a formal proceeding shall be provided to the Administrative Law Judge at the expense of the District of Columbia.
The Administrative Law Judge has the right to be represented by counsel in an investigation or formal proceeding. Any such counsel must be an active member of the District of Columbia Bar, or may be admitted to represent the Administrative Law Judge pro hac vice by the Commission to the extent such admission would serve the interests of justice.
The Administrative Law Judge shall be admitted to the hearing unless he or she is incompetent or so disruptive as to make it unduly burdensome for the Commission to conduct the hearing. If the Administrative Law Judge is not admitted, he or she shall be offered audio and visual access to the hearing.
An Administrative Law Judge shall be given every reasonable opportunity to defend himself or herself against the charges at the hearing, including the introduction of evidence and examination and cross-examination of witnesses.
[RESERVED]
If it appears to the Commission at any time during a proceeding that the Administrative Law Judge is not competent to act for himself or herself, the Commission shall seek the appointment of a guardian ad litem unless the Administrative Law Judge has a legal representative who will act for him or her.
The guardian ad litem or legal representative may exercise any right and privilege and make any defense for the Administrative Law Judge with the same force and effect as if exercised or made by the Administrative Law Judge if he or she were competent. Whenever the provisions of this chapter provide for notice to the Administrative Law Judge, that notice shall be given to the guardian ad litem or legal representative.
Hearings in formal proceedings shall be open to the public, unless otherwise ordered by the Commission in order to avoid unfair prejudice to the persons other than the Administrative Law Judge who is the subject of the formal proceeding.
D.C. Mun. Regs. tit. 6, r. 6-B3735