Section 16-1405. CONDUCT OF ORAL ARBITRATION HEARINGS

 

1405.1Each arbitration hearing shall take place at the office of the DCRA or at any other place designated in a notice published in the D.C. Register.

 

1405.2Each arbitration hearing shall be open to the public.

 

1405.3The panel shall notify each party of the date, time, and location of the arbitration hearing by certified mail at least five (5) days before the hearing.

 

1405.4The panel shall receive the case file at least five (5) days before the hearing.

 

1405.5Upon approval of a written request for a continuance, another date shall be set within five (5) days of the originally scheduled hearing.

 

1405.6The panel shall rule on any request for a continuance of a hearing; any continuance shall be within five (5) days of the originally scheduled hearing.

 

1405.7An arbitration hearing may proceed in the absence of a party who, after due notice, fails to appear.

 

1405.8Each arbitration hearing shall comply with the hearing procedures set forth in the District of Columbia Administrative Procedure Act (DCAPA).

 

1405.9Each party shall have the right to do the following:

 

(a)To present oral and written evidence;

 

(b)To present witnesses;

 

(c)To cross-examine witnesses;

 

(d)To enter objections; and

 

(e)To assert any other right essential to a fair hearing.

 

1405.10Any party presenting written evidence at a hearing shall provide a copy of the evidence for each member of the panel and for the opposing party.

 

1405.11The panel shall receive any evidence which, in the discretion of the panel, is not irrelevant, immaterial, unduly repetitious, or otherwise unreliable or improper.

 

1405.12The panel may take official notice of any matter of common knowledge.

 

1405.13The panel shall require each witness to testify under oath that his or her statements are true to the best of his or her knowledge.

 

1405.14The panel may receive the affidavit of a witness not present at the hearing.

 

1405.15Each party shall within five (5) days of the close of the hearing file any additional evidence which the panel requests and considers necessary for a fair resolution of the dispute.

 

1405.16The panel may schedule a vehicle inspection if considered necessary.

 

1405.17Each party shall have the right to have an attorney present the party's case before the panel; a third person may act as an interpreter if a language barrier or physical impairment exists.

 

1405.18Any party who elects to have an attorney appear shall file a notice stating the attorney's name, D.C. bar number, address, and phone number at least two (2) days before the scheduled hearing; DCRA shall immediately forward this information to the opposing party.

 

1405.19The Board may allow a third party who is not an attorney to assist a party in the presentation of a case, or to present a case on behalf of a party under the following conditions:

(a)If the name, address and phone number of the third party is furnished to the Board and the other party two (2) days before the hearing; and

 

(b)If the Board determines that the assistance or presentation by the third party meets the following requirements:

 

(1)It does not violate any rule or order of the District of Columbia Court of Appeals;

 

(2)It furthers the interest of justice and the presentation before the Board; and

 

(3)It does not unfairly prejudice the other party.

 

1405.20An arbitrator's decision shall be submitted to the Board forty-five (45) days after notice has been sent to the parties, that the claim for arbitration has been accepted.

 

1405.21The panel shall declare a hearing closed after the presentation of evidence is completed by each party. If the panel has requested any party to file additional evidence, the hearing shall be considered closed at the end of the fifth (5th) day thereafter.

 

1405.22Once a hearing is closed, additional evidence shall not be accepted or filed (except in the presence of extraordinary circumstances).

 

1405.23There shall be no direct communications between any party and the panel other than at the oral hearing. Any other oral or written communications between any party and any member of the panel shall be channeled through DCRA for transmittal to the appropriate individual. The panel member shall report in writing, any prohibited contact to the DCRA so that it can be noted in the case record.

 

source

Final Rulemaking published at 33 DCR 2958, 2962 (May 16, 1986).