Section 17-2714. CONDUCT OF HEARINGS

 

2714.1Every hearing authorized by § 2710 of this chapter and held before the Board or its designee shall be open to the public.

 

2714.2Except when a hearing officer is designated, a majority of the members of the Board shall be present to hear the evidence and render a decision unless the Board has delegated authority to a hearing panel of three or more Board members as described in § 2714.10 of this section.

 

2714.3A person entitled to a hearing shall have the right to the following:

 

(a)To be represented by counsel;

 

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

 

(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 documents upon making written request to the Board.

 

2714.4In connection with any hearing held pursuant to this chapter, the Board or its designee shall have the power to do the following:

 

(a)To request of the Director that counsel from the Office of the Corporation Counsel be appointed to represent the District in any case before the Board;

 

(b)To administer oaths or affirmations, either personally or through their designated agent, to witnesses called to testify;

 

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

 

(d)To take testimony;

 

(e)To examine witnesses; and

 

(f)To direct continuance of any case without regard to the limitation in § 2711 of this chapter.

 

2714.5In proceedings before the Board, if any person refuses to respond to a subpoena or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful Order of the Board contained in its decision rendered after hearing, the Board may apply to the proper court for an Order requiring obedience thereto.

 

2714.6In all proceedings held by the Board, the Board shall receive and consider any evidence or testimony. However, the Board may exclude incompetent, irrelevant, immaterial, or unduly repetitious evidence or testimony.

 

2714.7In Board proceedings resulting from the Board's contemplated action to deny licensure, the applicant shall have the burden of satisfying the Board of his or her qualifications.

 

2714.8In any Board proceeding resulting from the Board's contemplated action to refuse to renew, to suspend, or to revoke a license, or to refuse transfer or restore a license or to impose a penalty, the District shall have the burden of proving that the action should be taken.

 

2714.9In all hearings conducted by the Board, a complete record shall be made of all evidence presented during the course of a hearing. Any party to the proceedings desiring it shall be furnished with a copy of the record, upon payment of the fee as the Board shall prescribe.

 

2714.10The Board may delegate its authority to hold hearings and issue final decisions to a panel of three (3) or more members of the Board. Final decisions of a hearing panel shall be considered final decisions of the Board for purposes of appeal to the D.C. Court of Appeals, except that the person against whom an action is contemplated may ask for a rehearing before the full Board. If a rehearing before the full Board is requested no appeal to the D.C. Court of Appeals, as described in § 2716.3 of this chapter, shall be permitted until the full Board has issues a ruling.

 

2714.11The Board may request the licensee to attend a settlement conference prior to holding a hearing, and may enter into settlement agreements and consent decrees to carry out its functions.

 

source

Final Rulemaking published at 52 DCR 6998 (July 29, 2005).