Rule 2821 - HEARINGS AND EVIDENCE2821.1 The presiding Administrative Law Judge shall determine whether a hearing is required by law in any case.2821.2 At least five (5) calendar days before any evidentiary hearing (except in unemployment compensation cases governed by Subsection 2983.1), a party shall serve on all other parties and file with the Clerk the following: (a) A list of the witnesses, other than a party or a charging inspector, whom the party intends to call to testify; and(b) A copy of each exhibit that the party intends to offer into evidence, other than exhibits that were served with the Notice of Violation, Notice of Infraction, or Answer or are to be used solely for impeachment or rebuttal.2821.3 The Administrative Law Judge may exclude any witnesses or exhibits not disclosed under Subsection 2821.2 if he or she finds that the opposing party has been prejudiced by the failure to disclose or if there has been a knowing failure to disclose.2821.4 Hearings ordinarily will be held only in an OAH courtroom. Hearings may be held in any other location only as required by law or in exceptional circumstances with approval of the Chief Administrative Law Judge. For good cause shown, and subject to appropriate safeguards, an Administrative Law Judge may permit a party to appear at a hearing from a remote location by telephone, videoconferencing, or similar means.2821.5 Parties shall have the following rights at a hearing:(a) To testify and to have other witnesses testify for them;(b) To cross-examine witnesses called by another party;(c) To request that any prospective witness be excluded from the courtroom;(d) To examine all exhibits offered into evidence by another party;(e) To object to the admission of any testimony or other evidence;(f) To subpoena witnesses, as provided in Section 2824; and(g) To appear with a representative, as provided in Sections 2833 and 2835.2821.6 At a hearing, all parties may present evidence. "Evidence" includes testimony by the parties and by any witnesses that a party may present. Evidence also includes papers, photographs, or any other items that a party believes may help the Administrative Law Judge decide the case. The Administrative Law Judge shall decide what evidence shall become part of the record.2821.7 Testimony in any hearing ordinarily will be given in open court. An Administrative Law Judge may exclude testimony given by any other means, unless otherwise permitted by statute or these Rules.2821.8 For good cause shown, and subject to appropriate safeguards, an Administrative Law Judge may permit witness testimony from a remote location by telephone, videoconferencing, or similar means. Requests for such testimony will ordinarily be granted where the witness does not reside or work in the greater District of Columbia Metropolitan area.2821.9 For good cause shown, an Administrative Law Judge may permit a witness to submit written testimony in advance of the hearing, subject to cross-examination and redirect examination at the hearing.2821.10 For good cause shown, an Administrative Law Judge may allow parties to submit pre-recorded testimony subject to appropriate safeguards including crossexamination.2821.11 All witnesses must testify under oath or under penalty of perjury. Nothing in this subsection forbids the admission of an affidavit or other sworn written statement.2821.12 Hearsay evidence (generally, a statement by a person not present in the courtroom) is admissible. When hearsay evidence is admitted, the Administrative Law Judge shall assess the reliability of the evidence to determine the weight it should be assigned. An Administrative Law Judge shall consider the speaker's absence in evaluating the evidence.2821.13 In determining the admissibility and weight of evidence, an Administrative Law Judge may use the Federal Rules of Evidence for guidance, but they shall not be binding.2821.14 An Administrative Law Judge may limit or exclude testimonial or documentary evidence to avoid surprise or prejudice to other parties, repetition, or delay.2821.15 Whenever any applicable law or order requires or permits the filing of an affidavit or other writing signed under oath, the signer may submit a written declaration in substantially the following form: "I declare under penalty of perjury, that the foregoing is true and correct. Signed on (date)."
"Signature"
2821.16 All Administrative Law Judges and the Clerk are authorized to administer oaths.D.C. Off. Admin. R. Prac. & P. 2821
Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).