Section 1-1208. EVIDENCE  


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    1208.1Evidence shall be taken in conformity with Section 10(b) of the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-509(b) (2012 Repl.)).

     

    1208.2The Presiding Member may permit rebuttal evidence.

     

    1208.3Any party objecting to the admissibility of evidence shall state the grounds of the objection(s) relied upon.

     

    1208.4A party may place on the record a statement summarizing any evidence excluded by the Presiding Member. 

     

    1208.5If excluded evidence consists of documentary evidence, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.

     

    1208.6The Presiding Member, in his or her discretion, may receive into evidence certified copies of documents in place of the originals.

     

    1208.7If a party is offering materials contained in a book or larger document, that party shall plainly designate the relevant portions.  The remaining material contained in that book or document shall be excluded. 

     

    1208.8No document or other writing shall be accepted for the record after the close of the hearing, except with the consent of the Presiding Member after due notice to the opposing parties and only when the receipt of the document will not unfairly affect the interest of a party.

     

    1208.9Witnesses may be examined or cross-examined by each member of the Board, or any party or the party’s representative.

     

    1208.11The Presiding Member may admit hearsay evidence during an evidentiary hearing if the Presiding Member determines it will be relevant and material to the resolution of any factual issue in dispute in the matter before the Board. 

     

     

authority

Title IX of the Firearms Regulations Control Act of 1975 (Act), signed January 6, 2015 (D.C. Act 20-564; 62 DCR 866 (January 23, 2015)), and any substantially similar emergency, temporary, or permanent versions of this legislation, and Mayor’s Order 2015-036, dated January 9, 2015.

source

Final Rulemaking published at 62 DCR 11123 (August 14, 2015).