D.C. Mun. Regs. tit. 6, r. 6-B629

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B629 - PRESENTATION OF EVIDENCE OR WITNESSES
629.1

All material and relevant evidence or testimony shall be admissible but may be excluded if it is unduly repetitious.

629.2

During an evidentiary hearing, a party shall be entitled to present their case or defense by oral, documentary, or physical evidence, and to conduct reasonable cross examination.

629.3

Objections to the admission of evidence, or to the conduct of the proceeding, may be made orally on the record where an evidentiary hearing has been provided, or by written motion. Any arguments, briefs, or legal memoranda, if requested by the Administrative Judge, shall be included in the record. Rulings on objections shall be made at the time of the objection or prior to the receipt of further evidence, unless the Administrative Judge orders otherwise, and shall be a part of the record.

629.4

The parties may agree upon any facts or procedures relevant to the proceeding. Any stipulations shall be binding on the parties.

629.5

The Administrative Judge on their own motion or on motion of a party, may take official notice of matters of common knowledge or matters that can be verified. Official notice taken of any fact shall satisfy a party's burden of proving the fact noticed.

629.6

All exhibits offered into evidence shall be numbered and marked so as to identify the party offering the exhibit.

629.7

Whenever the Administrative Judge excludes evidence, the offering party may make an offer of proof of what the party expects the evidence to establish. In the case of an evidentiary hearing, if the offer of proof consists of an oral statement, it shall be included in the record. If the offer of proof consists of an exhibit or other documentary evidence, it shall be marked for identification and retained in the record so that it will be available for consideration by any reviewing authority.

D.C. Mun. Regs. tit. 6, r. 6-B629

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, 2146 (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Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.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.).