Section 15-2613. ARBITRATION PROCEEDINGS

 

2613.1If there is any conflict between the Commission's procedural rules and the rules of this Chapter, the rules of this Chapter shall supercede the Commission's procedural rules.

 

2613.2Section 150 of the Commission's procedural rules shall apply to all arbitration proceedings conducted pursuant to this Chapter.

 

2613.3Ex parte communications with the arbitrator or arbitration panel that do not relate to a matter of procedure are prohibited while the arbitration proceeding is pending. In the event of a prohibited communication, the arbitrator or arbitration panel shall be guided by section 108 of the Commission's procedural rules.

 

2613.4The arbitrator or arbitration panel shall establish the procedural schedule.

 

2613.5If the arbitrator or arbitration panel determines that a hearing is necessary, the hearing shall be conducted in a fair and impartial manner, in accordance with the following procedures:

 

(a)The arbitrator or chair of the arbitration panel shall provide reasonable notice to the arbitrating parties of the time and place of the hearing;

 

(b)The arbitrator or chair of the arbitration panel shall give each arbitrating party an opportunity, which may be waived, to make an opening statement;

 

(c)The arbitrator or chair of the arbitration panel shall afford each arbitrating party an opportunity to present oral or written testimony and documentary evidence, and shall determine the order of the presentation of the evidence;

 

(d)In ruling on evidentiary questions, the arbitrator or chair of the arbitration panel shall be guided by, but need not strictly adhere to, the Federal Rules of Evidence;

 

(e)The arbitrator or chair of the arbitration panel shall require all witnesses to testify under oath or affirmation;

 

(f)The arbitrator or chair of the arbitration panel may permit the arbitrating parties to cross-examine witnesses;

 

(g)The arbitrator or chair of the arbitration panel may postpone any hearing upon a joint request of the arbitrating parties, sua sponte, or for good cause shown in a motion filed by any party to the proceeding at least two (2) business days before the date of any hearing;

 

(h)Each arbitrating party shall have the opportunity, which may be waived, to present a closing argument;

 

(i)The arbitrator or chair of the arbitration panel may conduct the hearing in the absence of any arbitrating party or representative who, after proper notice, fails to be present or request a postponement;

 

(j)The arbitrator or chair of the arbitration panel shall make a stenographic, audio, or video tape recording of the arbitration hearing;

 

(k)The evidentiary record will close following closing arguments or the first business day following the deadline set for the receipt of written briefs, or at such time as the arbitrator determines; and

 

(l)The arbitrator or chair of the arbitration panel shall take necessary action to avoid delay in the disposition and conduct of the hearing.

 

2613.6Notwithstanding any other provision of this Chapter, the arbitrating parties may agree on different arbitration procedures, which may be accepted by the arbitrator or arbitration panel.

 

2613.7If no hearing is held, then the evidentiary record shall close on the day following the date set by the arbitrator or arbitration panel as the final date for receipt of submissions from the arbitrating parties, or at some other date that the arbitrator or arbitration panel determines.

 

2613.8If the arbitrator or arbitration panel directs an arbitrating party to provide information and that party fails or refuses to respond within the time limit set, the arbitrator or arbitration panel may reach a decision on the issues in the arbitration proceeding based on the best information available, from whatever source derived, as provided in 47 U.S.C. § 252(b)(4)(B).

 

2613.9If the act or omission of an arbitrating party impedes the expeditious resolution of the issues, an arbitrator or arbitration panel may make such orders in regard to the act or omission as are just, including, but not limited to, an order limiting a party's claims, defenses and/or evidence; striking pleadings or parts thereof; dismissing the petition; or granting judgment by default. The arbitrator may also determine that the act or omission constitutes a failure to negotiate in good faith pursuant to 47 U.S.C. § 252(b)(5), and shall notify the Commission of that determination. The Commission may consider a determination that a party failed to negotiate in good faith in its deliberations pursuant to 47 U.S.C. §§ 251 and 271.

 

source

Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).