Section 15-1801. NON-RESIDENTIAL COMPLAINT HEARING PROCEDURES

 

1801.1A hearing, where necessary, shall commence within twenty (20) days of the formal request for hearing. Except in special cases, hearings shall be conducted during business hours of the Commission. The Commission shall designate a hearing officer, who shall not have investigated the complaint.

 

1801.2The Office of Consumer Services shall provide notice of hearing by personal delivery or by first class mail to the complainant, to any affected guarantor, and to the utility. The notice shall include a copy of the customer's written complaint. The notice shall also state the potential consequences of failure to appear for a hearing.

 

1801.3Service shall be made at least ten (10) days prior to the hearing date unless the parties agree on a shorter time. When service is by mail, the service date is the date of mailing and service shall be made at least ten (10) days prior to the hearing date.

 

1801.4The hearing officer may reschedule any hearing for good cause shown, or, upon notice and for good cause shown, at the request of any party.

 

1801.5In the event the complainant fails to attend a scheduled hearing without good cause, the hearing officer may dismiss the complaint (with or without prejudice at the discretion of the hearing officer), hear evidence and render a decision, or reschedule the hearing within ten (10) days.

 

1801.6In the event a utility fails to attend a scheduled hearing without good cause, the hearing officer may hear evidence and render a decision.

 

1801.7In the event a guarantor fails to attend a scheduled hearing without good cause, he or she shall be precluded from contesting any matter which was raised at the hearing, or may have been raised at the hearing.

 

1801.8Upon a reasonable request from each other or the Office of Consumer Services, the parties shall timely provide all information they have relevant to the matters at issue in the complaint, including relevant documents, account data, files and the names of witnesses.

 

1801.9Parties may examine any public records of the Commission.

 

1801.10Parties may represent themselves or be represented by counsel or any other person who may represent a party under §110 of Chapter 1 of this title; Provided, that any individual appearing before the hearing officer in a representative capacity may be required to establish authority to act in that capacity.

 

1801.11Parties shall have the right to present evidence, call witnesses, and present written and oral argument. When directed by the hearing officer, parties shall file briefs no later than fifteen (15) days after the close of the hearings.

 

1801.12Witnesses shall testify under oath, and the parties and the hearing officer shall have the right to examine and cross-examine all witnesses.

 

1801.13The hearing officer shall have the discretion to limit any line of questioning to what may be required for a full and true disclosure of the facts and to limit the time for argument.

 

1801.14Unless otherwise ordered by the hearing officer, the complainant's witnesses shall testify first, followed by the utility's witnesses. A reasonable opportunity will be afforded all parties to present rebuttal evidence.

 

1801.15After the parties have completed their presentation of evidence, the hearing officer may call upon any witness for testimony upon any issue.

 

1801.16The hearing officer shall be obligated to ensure that all material facts are developed to the fullest extent consistent with his or her responsibility to preside impartially over the hearing.

 

1801.17The formal rules of evidence shall not apply, but the hearing officer shall exclude irrelevant or unduly repetitious evidence.

 

1801.18Parties may stipulate to any facts and such stipulation may be put in evidence.

 

1801.19All proceedings shall be recorded. The transcriptions shall promptly be made available to any party upon request, at the party's expense. Every Commission prepared transcript shall be certified by the hearing officer. Any party may, at its expense, provide for transcription of the proceedings by a certified court reporter in place of recording, in which case, that transcription shall be the official record.

 

source

Final Rulemaking published at 33 DCR 1925, 1927 (March 28, 1986).