Section 17-3324. EVIDENCE AT THE HEARING

 

3324.1All testimony at a hearing before a board shall be under oath or affirmation.

 

3324.2If any part of the record in any other proceeding previously held before a board, or part of the record in any criminal or civil action, including hearings before any administrative agency, is offered in evidence, a certified true copy of that part shall be presented to the board in the form of an exhibit, unless either of the following requirements is satisfied:

 

(a)The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by a board; or

 

(b)There is a stipulation that the record may be incorporated by reference and a board orders that incorporation.

 

3324.3A board shall exclude irrelevant, immaterial, and unduly repetitious evidence.

 

3324.4A board may take official notice, at the request of a party or on its own motion, of the following:

 

(a)The law and rules of the District of Columbia, the United States, or any state or other jurisdiction of the United States; or

 

(b)Material facts in the official files of a board, the Department, or other District of Columbia or federal agency; or

 

(c)A fact that is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to resources the accuracy of which cannot reasonably be requested.

 

3324.5If a board takes official notice of a material fact not appearing in the evidence in the record, it shall give a party the opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

 

3324.6The parties may, by stipulation in writing filed with a board, agree on the facts or any portion thereof involved in a hearing. The parties may also stipulate the testimony that would be given by a witness if the witness were present.

 

3324.7The board may require additional evidence concerning any matter covered by a stipulation.

 

source

Final Rulemaking published at 35 DCR 3488, 3507 (May 13, 1988).