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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 1-508. EVIDENCE IN EVIDENTIARY HEARINGS
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508.1Evidence shall be received in conformity with D.C. Code § 1-1509(b).
508.2The proponent of a rule or order shall have the burden of proof.
508.3Any oral and any documentary evidence may be received, but the hearing committee shall exclude irrelevant, immaterial, and unduly repetitious evidence.
508.4Every party shall have the right to present in person or by counsel his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct cross-examinations as may be required for a full and true disclosure of the facts. The fact that a party did not submit evidence to the Director prior to the Director’s decision shall not be grounds for excluding that evidence in an evidentiary hearing.
508.5Where any decision of a hearing committee in a contested case rests on official notice of a material fact not appearing in the evidence in the record, any party to the case shall on timely request be afforded an opportunity to show the contrary.
508.6If any part of the record in any other proceeding previously held before a committee of the Board, or part of the record in any criminal or civil action (including proceedings before any administrative agency) is offered in evidence, a certified true copy of that part shall be presented to the committee in the form of an exhibit unless either of the following requirements is satisfied:
(a)The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by the committee; or
(b)There is a stipulation that the record may be incorporated by reference and the committee directs that incorporation.
508.7The parties may, by stipulation in writing filed with the committee, agree upon the facts or any portion thereof involved in the appeal. The parties may also stipulate the testimony that would be given by a witness if the witness were present. The committee, in its discretion, may require additional evidence regarding any matter covered by stipulation.