Section 15-613. FORMAL HEARINGS

 

613.1If the parties are unable to reach an agreement within fifteen (15) days of the date on which the complaint was filed, and if either party is unwilling to extend the informal process, the Commission shall designate a Hearing Officer, within five (5) days of the complainant's request, who shall review the matter de novo.

 

613.2Within thirty (30) days of the date on which the Hearing Officer is designated, the Hearing Officer shall hold a hearing, provided the testimony of witnesses is necessary in order to make a decision on the complaint. In all other cases, the Hearing Officer may permit the parties to present their cases in writing.

 

613.3Notice of hearings shall be sent by certified mail to the Complainant(s), the PSP, the ANC Chairperson and Single Member District ANC Commissioner of the community in which the instrument is located, the Office of the People's Counsel, and the MPD District in which the instrument(s) is located or proposed to be located. The notice shall state that OPC is available to assist and/or represent the complainant.

 

613.4The complainant shall not be required, but may elect to appear for a hearing where the sole issue is whether the pay telephone is in compliance with § 609 of this Chapter. In such cases, the written report of the Commission staff member who investigated the instrument shall be introduced into evidence and that staff member, if called, shall appear as a witness.

 

613.5Any party who has good cause to request that a scheduled hearing be postponed shall make that request in writing and submit it to the Commission at least twenty-four (24) hours prior to the date of the scheduled proceeding. The Commission shall not postpone a scheduled proceeding except upon a showing of good cause.

 

613.6If a party fails to attend a hearing without good cause, the Hearing Officer shall hear and consider the views of the attending party, consider any prior written views of the Complainant, evaluate any other information available at that time, and, if appropriate, the Commission may require that certain restrictions be placed on the pay telephone, suspend service or terminate service.

 

613.7Hearings shall be held at times (including evening and Saturday hours) convenient to the public and the PSP.

 

613.8Parties may examine any relevant records of the Commission.

 

613.9If a hearing is held, parties shall have the right to present evidence, call witnesses, and present oral argument.

 

613.10Witnesses shall testify under oath, and the parties shall have the right to examine and cross-examine all witnesses.

 

613.11The Hearing Officer shall have the discretion to examine witnesses, limit any line of questioning, and limit the time for argument.

 

613.12All parties shall be provided a reasonable opportunity to present rebuttal testimony.

 

source

Final Rulemaking published at 48 DCR 1151 (February 9, 2001).