Section 17-1521. CONDUCT OF HEARINGS

 

1521.1The chairperson of the Board shall preside over hearings and shall rule on all questions of evidence and procedure with the advice of the attorney advisor for the Board.

 

1521.2The Board shall apply the rules of evidence governing civil matters in the Superior Court of the District of Columbia and, pursuant to D.C. Official Code § 2-509, shall exclude irrelevant, immaterial, or unduly repetitious evidence.

 

1521.3Objection to evidentiary offers may be made by any party to the proceeding and objections shall be noted in the record.

 

1521.4When a hearing will be expedited and the interest of the parties involved will not be prejudiced substantially, any part of the evidence may be received in written form.

 

1521.5Documentary evidence may be received in the form of copies or excerpts if the original is not readily available.

 

1521.6The Assistant Attorney General litigating the matter may elect to address the Board with an opening statement that may be followed by a statement from the licensee. After opening statements are made, the Assistant Attorney General litigating the matter shall present evidence to the Board. Upon the conclusion of the government's case, the licensee may present evidence to the Board. Parties may cross-examine and re-direct witnesses, and may re-examine their own witnesses if permitted to do so by the Board. Closing statements by both parties are permitted.

 

1521.7The Board may take judicial notice of cognizable facts or generally recognized technical or scientific facts within the Board's specialized knowledge.

 

1521.8Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed.

 

1521.9The Board may utilize its experience, technical competence, and specialized knowledge in evaluating evidence.

 

1521.10The record of hearing shall include:

 

(a)All motions, intermediate rulings, and depositions;

 

(b)All documentary evidence received or reviewed;

 

(c)A statement of matters officially noted;

 

(d)Offers of proof, objections, and rulings thereon;

 

(e)Proposed findings and exceptions;

 

(f)Any decision, opinion, or report by the chairperson presiding at the hearing; and

 

(g)All testimony and oral argument presented at the hearing that is recorded for transcription purposes.

 

1521.11The Board shall issue an order within ninety (90) days of the date of the close of the hearing or the record. It shall include and shall state separately:

 

(a)Findings of fact that are based exclusively on the evidence and on matters officially noticed, supported by concise and explicit statements of the underlying facts supporting the findings; and

 

(b)Conclusions of law.

 

1521.12The licensee shall be delivered a copy of the decision by hand delivery or by first class mail, postage prepaid, with return receipt requested. The attorneys of record for both parties shall be mailed a copy of the order.

 

1521.13Upon an order by the Board in which the licensee is found in violation of the charges proffered, the Board may levy a civil fine not to exceed $5000.00, and/or reprimand, suspend, refuse to renew, or revoke the licensee's license.

 

1521.14At its discretion, the Board may stay, permanently or temporarily, the execution of its order conditioned on any provision the Board believes appropriate under the circumstances for the case.

 

source

Final Rulemaking published at 54 DCR 8783 (September 7, 2007).