Section 10-B2022. EVIDENCE

 

2022.1Evidence presented at the disposition hearing shall be limited to the following issues:

 

(a)Qualifications of the applicant redeveloper; and

 

(b)Suitability of the disposition, taking into consideration the requirements and objectives of the Urban Renewal Plan and Program, the rules of the Agency, and other requirements of law.

 

2022.2The rules of evidence as applied to hearings shall be those of the Superior Court of the District of Columbia, and shall include exclusions of evidence whether hearsay or otherwise which does not contain facts of probative value or is not relevant to the issues to be decided.

 

2022.3Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon. The transcript shall not include argument or debate on these objections, except as ordered by the presiding officer. Rulings on objections shall be a part of the transcript.

 

2022.4Exceptions to the rulings of the presiding officer made during the course of a public hearing are unnecessary. For all purposes for which an exception otherwise would be taken, it shall be sufficient that a party, at the time the ruling of the presiding officer is made or sought, makes known the action he or she desires the Board to take or any objection to an action taken, and the grounds for the objection.

 

2022.5Any offer of proof made in connection with an objection taken to any ruling of the presiding officer rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence which a party or his or her counsel contends would be adduced by that testimony.

 

2022.6If excluded evidence consists of evidence in documentary or written form or of reference to documents or records, a copy of that evidence shall be marked for identification and shall constitute the offer of proof.

 

2022.7The presiding officer may exclude testimony under the rules of privilege recognized by the courts of the District of Columbia or as provided by law, including, but not limited to communications between attorney and client and records of files of any official or agency of government which, by statute or otherwise, is recognized as confidential. No greater exclusionary effect shall be given any such rule or privilege that would be obtained by an action in a court of the District of Columbia.

 

2022.8The applicant redeveloper shall bear the burden of proof in a land disposition hearing.

 

source

Final Rulemaking published at 19 DCR 539, 559 (February 8, 1973).