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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 1. MAYOR AND EXECUTIVE AGENCIES |
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Chapter 1-5. BOARD OF APPEALS AND REVIEW |
Section 1-506. EVIDENTIARY HEARINGS
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506.1When the Constitution, a statute, or a regulation of the Council of the District of Columbia or an order of the Mayor requires the Board’s review of a matter to take the form of an evidentiary hearing, the hearing shall be conducted in accordance with D.C. Code § 1-1509 (1999 Repl.).
506.2The hearing committee may sua sponte or at the request of a party schedule and conduct a pre-hearing conference to facilitate the evidentiary hearing.
506.3The Executive Officer shall fix the date and hour of the evidentiary hearing after consultation with the hearing committee, the parties, or their representatives.
506.4The Executive Officer shall give the parties at least fourteen (14) days written notice of the date and hour of an evidentiary hearing: Provided, that in a case involving an appeal of a notice of violation issued by the Department of Consumer and Regulatory Affairs, when in the opinion of the Executive Officer the public interest requires a decision on an expedited or emergency basis, the Executive Officer shall give the parties at least two (2) days telephonic notice of the date and hour of the hearing. A written record of telephone notice shall be maintained by the Executive Officer.
506.5Except for extraordinary reasons, such as the sudden illness of a party or a party’s representative, a scheduled evidentiary hearing shall not be delayed by a motion for a continuance unless the motion is filed at least five (5) days before the date on which the hearing is to be held, and, in the opinion of the hearing committee, sets forth good cause for a continuance.
506.6Conflicting engagements of counsel, absence of counsel, or the employment of new counsel shall not be regarded as good cause for a continuance of the hearing unless set forth in a motion filed promptly after notice of the hearing has been given.
506.7All testimony at evidentiary hearings before a hearing committee shall be under oath or affirmation.
506.8After the hearing, and within the time limits established by the hearing committee, the parties may submit proposed findings of fact, conclusions of law, and an order, and may also submit memoranda of law on issues of law arising during the hearing.
506.9Decorum and good order shall be maintained at all times during hearings, and a hearing committee may, in the enforcement thereof, exclude or have removed from the hearing room any person violating any reasonable order of the presiding member of the hearing committee.
506.10For contumacious conduct or arriving more than thirty (30) minutes late, and after having been afforded an opportunity to be heard, the hearing committee may bar an attorney from further participation in a hearing.
506.11If an attorney has been barred from participating in a hearing, the hearing committee may proceed with the hearing if consistent with the due process rights of the parties. Otherwise, the hearing committee shall adjourn the hearing to give the party whose attorney has been barred an opportunity expeditiously to secure new representation.
506.12An attorney who has been barred from participating in a hearing may seek and the hearing committee may grant reinstatement to participate in the hearing on such terms as the hearing committee shall prescribe.
506.13A hearing committee shall not permit a reinstatement application under § 506.12 to delay the proceedings unduly.