Section 17-1615. CONDUCT OF HEARING

 

1615.1Every hearing shall be open to the public.

 

1615.2In connection with any hearing held pursuant to this chapter, the hearing examiner shall have the following powers:

 

(a)To request the Director to appoint a representative to present the Department's case at the hearing;

 

(b)To administer oaths or affirmations to witnesses called to testify;

 

(c)To subpoena witnesses, relevant books, papers, and documents;

 

(d)To take testimony;

 

(e)To examine witnesses;

 

(f)To rule on motions and objections;

 

(g)To direct the continuance of any case;

 

(h)To establish a timetable for the submission of proposed findings of fact, conclusions of law, and decision by the parties; and

 

(i)To make proposed findings of fact and conclusions of law and to recommend a decision to the Director.

 

1615.3The hearing examiner shall receive and consider any evidence or testimony. However, the hearing examiner shall exclude irrelevant, immaterial, or unduly repetitious evidence.

 

1615.4In any hearing resulting from the Director's contemplated action to deny licensure, the applicant for licensure shall have the burden of satisfying the hearing examiner of the applicant's qualifications.

 

1615.5In any hearing resulting from the Director's contemplated action to refuse to renew, to suspend, or to revoke a license, or to refuse to transfer or restore a license, to impose a fine, or to order restitution, the Department shall have the burden of proving that such action should be taken.

 

1615.6In all hearings, a complete record shall be made of all evidence presented during the course of the hearing. Any party to the proceedings upon request shall be furnished with a copy of the record, or any part of the record, upon payment of the cost of producing or reproducing the record or part of the record.

 

1615.7The hearing examiner shall take all necessary steps to insure that all Department employees who are called by a party as witnesses are present for the hearing; Provided, that the party has submitted their names and titles in writing to the hearing examiner at least three (3) business days in advance of the hearing.

 

source

Final Rulemaking published at 34 DCR 3165, 3173 (May 15, 1987).