D.C. Mun. Regs. tit. 6, r. 6-B627

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

Rule 6-B627 - EVIDENTIARY HEARINGS

627.1

A party may request the opportunity for an evidentiary hearing to adduce testimony to support or refute any fact alleged in a pleading.

627.2

If the Administrative Judge grants a request for an evidentiary hearing, or makes a determination that one is necessary, the Administrative Judge will so advise the parties and, with appropriate notice, designate the time and place for the hearing and the issues to be addressed. The Administrative Judge shall consider the availability of the parties or their authorized representative(s) when designating the time and place of the evidentiary hearing.

627.3

Postponement of an evidentiary hearing will be allowed only upon good cause shown or upon agreement of the parties, with the concurrence of the Administrative Judge. Except in extraordinary circumstances, a motion for a postponement shall not be considered unless it is served and filed at least seven (7) calendar days in advance of the date designated for the evidentiary hearing.

627.4

Failure of a party to appear for an evidentiary hearing, unless excused by the Administrative Judge for good cause shown, before or after the fact, may be deemed to be a waiver by that party of all rights to participate further in the proceeding, and may be grounds for dismissal of the case or the imposition of other sanctions.

627.5

Hearings shall be open to the public, except that the Administrative Judge may order a hearing or any part of a hearing closed, if a closed hearing would be in the best interest of the employee, a witness, the public, or other affected persons.

D.C. Mun. Regs. tit. 6, r. 6-B627

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2145 (March 16, 2012); amended by Final Rulemaking published at 68 DCR 298 (1/14/2022)

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.

Authority: The Chairperson of the Office of Employee Appeals in accordance with § 602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).