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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-3. CONSUMER RIGHTS AND RESPONSIBILITIES |
Section 15-325. FORMAL HEARING PROCEDURES
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325.1A formal hearing shall, if appropriate, be scheduled within forty-five (45) Days of the filing of the Complaint answer. Except in special cases, hearings shall be held during business hours of the Commission. The Commission shall designate a hearing officer who has not participated in the investigation of the Complaint to preside over the proceeding.
325.2If the Formal Complaint fails to state all the facts necessary to state a claim upon which relief may be granted, the Hearing Officer may order the Complainant to amend the Complaint or may dismiss the complaint.
325.3The Commission shall provide notice of the hearing by personal service, by first-class mail or other technological means, as authorized by the Commission, to the Customer and the Customer’s Designated Representative and to the Utility, Energy Supplier or Telecommunications Service Provider. Service shall be made by first-class mail postage prepaid at least fourteen (14) days prior to the hearing date unless the parties agree on a shorter time. The notice shall also state that in the event that the Complainant fails to attend a scheduled hearing without evidence of good cause, the hearing officer may dismiss the Complaint with prejudice. The hearing officer may reschedule any hearing to a date or time agreed upon by the parties or, upon notice and for good cause shown, at the request of any party.
325.4A party requesting a second continuance will be required to provide good cause for the continuance. If the party is the Complainant and he or she does not provide good cause, as determined by the hearing officer, the Complaint may be dismissed, with prejudice. If the party is a Utility, Energy Supplier or Telecommunications Service Provider and it fails to provide good cause, the matter may be heard, without continuance. The hearing officer may, at his or her discretion, postpone or adjourn a hearing for reasonable cause. If a hearing is continued, adequate notice shall be provided to the parties.
325.5In the event the Complainant fails to attend any scheduled hearing without good cause, the hearing officer may dismiss the Complaint with prejudice.
325.6In the event a Utility, Energy Supplier or Telecommunications Service Provider fails to attend a scheduled hearing without good cause, the hearing officer may hear evidence and render a decision.
325.7Upon a reasonable request from each other, the parties shall, within the timeframe prescribed in the Commission’s rules in Chapter 1, 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. Nothing herein shall preclude a party from filing a request or motion to compel responses to information requests.
325.8Parties may examine any relevant records of the Commission. However, information deemed to be confidential may be reviewed in a manner that is consistent with the Commission’s Rules of Practice and Procedure.
325.9On any issue or procedure where Chapter 3 is silent, the hearing officer may at his or her discretion utilize Chapter 1 regulations as appropriate.
325.10Parties may represent themselves or be represented by counsel, conservator, legal guardian or someone with power of attorney. If a complainant proceeds pro se, the hearing officer may construe the pleadings liberally. If it appears to the hearing officer that a party appearing without an attorney should be represented by an attorney, the hearing officer shall suggest that the party secure counsel or contact the Office of the People’s Counsel concerning representation and allow a reasonable time to secure such representation.
325.11Parties shall have the right to present evidence, call witnesses, and present written and oral argument.
325.12Witnesses shall testify under oath, and the parties shall have the right to examine and cross-examine all witnesses.
325.13The hearing officer may, in his or her discretion, limit any line of questioning, testimony and the time for argument.
325.14Unless otherwise ordered by the hearing officer, the Complainant’s witnesses shall testify first, followed by the Utility’s, Energy Supplier’s or Telecommunications Service Provider’s witnesses. A reasonable opportunity will be afforded all parties to present rebuttal evidence.
325.15The hearing officer may elicit testimony from any witness regarding the issue(s) in dispute.
325.16The hearing officer has the obligation, especially when a Complainant is not represented by counsel, to ensure that all material facts are developed to the fullest extent consistent with his or her responsibility to preside impartially throughout the proceeding.
325.17The formal rules of evidence shall not apply, but the hearing officer shall exclude irrelevant or unduly repetitious evidence.
325.18Parties may stipulate to any facts, and such stipulation shall be put into evidence.
325.19All proceedings shall be recorded or transcribed by a certified court reporter. The transcriptions shall be made available promptly to any party upon request, at the party’s expense.