Section 16-3109. CONDUCT OF HEARINGS

 

3109.1 A general partner may represent the partnership at a hearing.

 

3109.2 A director or officer of, or attorney for, a corporation may represent the corporation at a hearing.

 

3109.3 A respondent shall have the following rights at a hearing:

 

(a) To appear and be heard in person or be represented by counsel;

 

(b) To examine the respondent's own witnesses and cross-examine opposing witnesses;

 

(c) To present all relevant evidence; and

 

(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant documents upon submission of a written request to an ALJ at least five (5) days prior to the hearing.

 

3109.4 If a respondent denies an infraction, the Director shall have the burden of proving the infraction by a preponderance of the evidence.

 

3109.5 All testimony shall be given under oath or affirmation.

 

3109.6 Parties at a hearing shall make objections in a timely manner and shall briefly state the grounds relied upon.

 

3109.7 At the conclusion of a hearing, the ALJ may hold open the hearing record for an appropriate period of time to allow for the production of additional documentary evidence or submission of briefs by the parties.

 

3109.8 A party filing documentary evidence after the hearing but before the record has closed, shall serve a copy of the evidence on the opposing party.

 

source

Final Rulemaking published at 34 DCR 5718, 5727 (September 4, 1987).