Section 17-1725. CONDUCT OF HEARINGS

 

1725.1Hearings shall be open to the public.

 

1725.2In connection with any hearing held pursuant to this chapter, the Hearing Examiner shall have the following powers:

 

(a)To request the Director 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 pursuant to this section;

 

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

 

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

 

(j)To impose sanctions for infractions under this chapter, including monetary fines, penalties, and hearing and inspection costs;

 

(k)To suspend permits or licenses for the purpose of the enforcement of monetary fines, penalties, or hearing and inspection costs;

 

(l)Permitting the payment of monetary fines, penalties, and hearing and inspection costs in excess of one hundred dollars ($100) in monthly installments over a period not to exceed six (6) months and allowing a fee of one percent (1%) per month of the outstanding amount owed by a respondent for the installment service;

 

(m)Suspending all or part of any fine or penalty imposed on grounds of past compliance or past good faith attempts to comply with applicable laws and regulations, or upon condition that the respondent correct the infraction by a date certain; and

 

(n)Sealing the premises where the conduct that is the basis of the citation occurred to enforce orders requiring the payment of monetary fines, penalties, or hearing and inspection costs.

 

1725.3A respondent entitled to a hearing has the following rights:

 

(a)To be represented by an attorney in accordance with § 1721 of this chapter;

 

(b)To present all relevant evidence by witnesses and books, papers, and other means;

 

(c)To examine all opposing witnesses on any matter relevant to the issues; and

 

(d)To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other evidence, upon making a written request to the Director.

 

1725.4A Hearing Examiner may, grant or deny a motion for a continuance, and shall deny a motion for a continuance unless the motion:

 

(a)In the opinion of the Hearing Examiner, set forth good cause for a continuance; and

 

(b)Is filed at least two (2) business days before the date on which the hearing is to be held, except for extraordinary and unforeseen reasons such as the sudden illness of a party or a party's counsel.

 

1725.5Conflicting engagements of counsel, absence of counsel, or the employment of new counsel may be considered to constitute good cause for a continuance of a hearing only if set forth in a motion filed promptly after notice of the hearing has been given.

 

1725.6After a hearing, and within time limits established by the Hearing Examiner, the parties may submit proposed findings of fact, conclusions of law, and order, and may submit memoranda of law on issues of law arising during the hearing.

 

source

Final Rulemaking at 50 DCR 9549 (November 14, 2003).