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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 14. HOUSING |
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Chapter 14-40. RENTAL ACCOMMODATIONS AND CONVERSION DIVISION (RACD) HEARINGS |
Section 14-4009. RULES OF EVIDENCE
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4009.1Evidence at a hearing may be any information presented to the hearing examiner to prove facts at issue, and may include the testimony of witnesses, records, documents, or other proof.
4009.2Testimony or other evidence offered may be excluded from consideration by the hearing examiner if it is irrelevant, immaterial or unduly repetitious.
4009.3All testimony and other evidence offered at a hearing, but excluded by the hearing examiner, shall be retained as part of the official record of the hearing or petition.
4009.4All testimony and other evidence shall be given in accordance with the provisions of the D.C. Administrative Procedure Act.
4009.5Each party shall have the right to present their case in person or through a representative, to submit rebuttal evidence, and to conduct such cross-examination as may be required for full disclosure of the facts at issue.
4009.6The parties may stipulate as to any matter of fact, which shall satisfy a party’s burden of proving that fact.
4009.7During a hearing, a hearing examiner, on his or her own motion or on the motion of a party, may take official notice of the following:
(a)Matters of common knowledge;
(b)Any information contained in the record of the RACD; or
(c)Any information contained in the records of any federal or District agency, board or commission; provided, that all parties have been given notice of the hearing examiner’s intention to do so and have been given an opportunity to show the contrary.
4009.8Official notice taken of any fact shall satisfy a party’s burden of proving that fact.
4009.9If, after a hearing has been concluded, the hearing examiner takes official notice of information contained in public records, as described in this section, each party is entitled to be informed in writing of the fact found by the hearing examiner, and to be provided an opportunity to contest the fact(s) officially noticed before a decision is issued.