D.C. Off. Admin. R. Prac. & P. 2976

As amended through October 11, 2024

Rule 2976 - PUBLIC BENEFITS CASES - HEARINGS AND EVIDENCE

2976.1 At each hearing, the Administrative Law Judge shall decide the order in which the parties will present their cases.

2976.2 If a party who requests a hearing fails to attend the hearing without good cause, the Administrative Law Judge may dismiss the case without prejudice. "Good cause" includes, but is not limited to: serious illness, an accident, a childcare problem, severe weather conditions, or other emergency.

2976.3 If the agency or service provider whose action or inaction is being challenged fails to attend the hearing, the Administrative Law Judge may rule in favor of the person who requested the hearing.

2976.4 In a SNAP (formerly Food Stamps) Intentional Program Violation case, the Government must prove its case even if the other party fails to attend the hearing.

2976.5 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 2974; and

(g) To appear with a representative, as provided in Section 2972.

2976.6 At a hearing, all parties may present evidence. "Evidence" includes testimony by the parties and any witnesses that a party may present. Evidence also includes documents, 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 becomes part of the record.

2976.7 At least five calendar days before the hearing date, each party shall file with OAH a list of witnesses and copies of any documents, photographs, or other items that the party wants the Administrative Law Judge to consider at the hearing. Copies must be sent to the other party in the following manner:

(a) Any agency or service provider must send copies to all other parties;

(b) If an individual is represented by a person other than a family member, the representative shall send copies to all other parties;

(c) If a shelter makes free copying services available to a shelter resident, the shelter resident must make and deliver a copy to the shelter director;

(d) For all other individuals, OAH will deliver copies by interagency mail to the appropriate agency.

2976.8 If anything is not filed according to the requirements of Subsection 2976.7, and the other party shows that it has been prejudiced, the Administrative Law Judge shall have the discretion to set a new hearing date to allow the other party to prepare.

2976.9 If any party demonstrates that it has been prejudiced by the unexpected appearance of a witness, the Administrative Law Judge shall have the discretion to set a new hearing date to allow the other party to prepare for the witness testimony. If a witness was named on the witness list in the manner provided in Subsection 2976.7, the Administrative Law Judge shall find that there has been no prejudice.

D.C. Off. Admin. R. Prac. & P. 2976

Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).