Section 16-1406. CONDUCT OF DOCUMENTARY ARBITRATION HEARINGS

 

1406.1If the complainant elects a documentary arbitration procedure, the Board shall gather and disseminate the documentary information and evidence in accordance with the procedures under this section.

 

1406.2The Board shall notify the complainant by certified mail that he or she shall submit a sworn or affirmed Statement as to the facts of the dispute and any evidence which he or she wishes the panel to consider. The complainant shall forward the sworn or affirmed statement documentation to the Board within fifteen (15) days from the date of his or her receipt of the certified notice.

 

1406.3The Board shall notify the respondent of the dispute by certified mail. Included with the notice shall be a copy of the complainant's request for arbitration.

 

1406.4The respondent shall submit a sworn or affirmed statement as to the facts of the dispute and any evidence the respondent wishes the panel to consider to the Board within fifteen (15) days from the date of the respondent's receipt of the certified notice.

 

1406.5Upon receipt of both the complainant's and respondent's sworn or affirmed statements and documentary evidence, the Board, shall by certified mail, forward copies of the complainant's submissions to the respondent and forward copies of the respondent's submissions to the complainant.

 

1406.6Each party shall have the opportunity to respond to the opposing party's submissions. Each response shall be submitted in writing to the Board within ten (10) days from the date of the responding party's receipt of the documents.

 

1406.7At the documentary hearing, the Board shall take the following actions:

 

(a)Review each document and statements;

 

(b)Consult with an appointed technical expert, as necessary;

 

(c)Seek further information or documents from either or each party; and

 

(d)Schedule inspections, if necessary.

 

1406.8Any evidence and statements received by the Board shall be considered part of the record.

 

source

Final Rulemaking published at 33 DCR 2958, 2964 (May 16, 1986).