Section 15-132. CONDUCT OF HEARINGS  


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    132.1Evidence shall be presented by those participating in the sequence set forth in the Order and Report on Prehearing Conference.

     

    132.2Continuances, extensions of time, and adjournments may be ordered by the Commission, or its presiding officer, upon written motion of a party or upon its own motion.

     

    132.3If, in the judgment of the presiding officer, convenience or necessity so require, he or she may, after opening a hearing, postpone the hour or change the place thereof without the requirement of a motion.

     

    132.4Motions made during a hearing may be oral; Provided, that the following motions shall be in writing:

     

    (a)Motions to dismiss;

     

    (b)Motions requesting a more sufficient pleading;

     

    (c)Motions for a Bill of Particulars;

     

    (d)Motions to strike objectionable written matter other than pre-filed testimony;

     

    (e)Motions for the addition of parties or dismissal of improper parties; and

     

    (f)Motions to quash a subpoena.

     

    132.5All written motions affecting the conduct of a hearing shall be filed not later than three (3) business days before the scheduled hearing date.

     

    132.6If a party desires to file a written motion less than three (3) business days before the hearing, that party shall request permission from the Commission.

     

    132.7Respondents shall file the answers to motions by 3:45 p.m. on the business day immediately preceding the scheduled hearing date.

     

    132.8There shall be submitted to the Commission or the presiding officer no later than 10:00 a.m. on the first day of hearings a list of the witnesses that are scheduled to appear before the Commission on that day and the following day, and an identification of the material and subject areas on which each witness is to be examined.

     

    132.9The list of witnesses shall be cumulative and shall be submitted no later than 10:00 a.m. on each succeeding day of hearings.

     

    132.10Unless otherwise ordered, the Commission Secretary shall be responsible for submitting the list of witnesses. Upon agreement of counsel for the parties and upon approval of the Commission, witnesses with particular scheduling constraints may be presented at a hearing at a prearranged date and time.

     

    132.11Counsel and all other participants other than witnesses testifying shall stand while addressing the Commission and witnesses. Not more than one counsel for each party shall be entitled to examine any one witness or address the Commission on any one matter without the permission of the Commission.

     

    132.12Whenever a party plans to utilize data or information alleged to be confidential or proprietary, the party shall advise the Commission in advance to avoid disclosure of the information to persons or parties who have not executed a confidentiality agreement under § 150.2 of this chapter.

     

source

Final Rulemaking published at 28 DCR 2984, 3008 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5125 (July 10, 1992).