Section 18-1032. EVIDENCE: GENERAL PROVISIONS

 

1032.1Evidence presented at a hearing shall be limited to material evidence relevant to the issues as drawn by the pleadings or other documents filed in the case, subject to later modifications of the issues which may be necessary to prevent injustice.

 

1032.2Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

 

1032.3The rules of evidence applied in the hearing or review shall include exclusion of evidence whether hearsay or otherwise which does not contain facts of probative value or is not relevant to the issues to be decided.

 

1032.4No permit shall be suspended or revoked solely on the basis of hearsay evidence.

 

1032.5Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon.

 

1032.6Exceptions to the rulings of the examiner made during the course of a hearing are unnecessary. For all purposes for which an exception otherwise would be taken, it is sufficient that a party, at the time the ruling of the examiner is made or sought do the following:

 

(a)Makes known the action he or she desires the examiner to take; or

 

(b)Makes known his or her objection to an action taken, and the grounds for his or her objection.

 

1032.7Any offer of proof made in connection with an objection taken to any ruling of the examiner rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence which a party or his or her counsel contends would be adduced by such testimony.

 

1032.8If the excluded evidence consists of evidence in documentary or written form or of references to documents or records, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.

 

1032.9The examiner may exclude testimony under the rules of privilege recognized by decisions of the courts of the District of Columbia or as provided by law including, but not limited to, communications between attorney and client, physician and patient, and records and files of any official or agency of government which, by statute or otherwise, are recognized as confidential.

 

1032.10No greater exclusionary effect shall be given any such rule or privilege than would apply in any action in a court of the District of Columbia.

 

1032.11In a hearing on the suspension or revocation of a license, registration certificate, or reciprocity sticker pursuant to § 1006 or the No-Fault Insurance Act, the examiner may exclude all evidence that is not related to the following questions of facts:

 

(a)Whether a motor vehicle insurance policy has been issued to the person and had been in effect on the day the order of revocation or suspension was issued;

 

(b)Whether a person falsely certified to the Director that a motor vehicle insurance policy was in effect;

 

(c)Whether the person provided the Director with false or inaccurate information; and

 

(d)Whether any time had lapsed or occurred when the person did not possess a motor vehicle insurance policy while the person had a registration certificate or reciprocity sticker.