Section 19-1606. HEARINGS

 

1606.1This section shall govern any hearing conducted by the Director for the issuance or renewal of licenses issued under this chapter. For purposes of this section, “Director” shall mean the Director or the Director’s agent.

 

1606.2The provisions of this chapter are intended to be consistent with the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq.).  Evidence shall be admitted consistent with the District of Columbia Administrative Procedure Act (“Act”).  If there is any conflict between this chapter and the Act, the Act shall govern.

 

1606.3The hearing shall be a non-adversarial proceeding held by the Director for any license application. Any person who has filed an objection pursuant to § 1605 may attend the hearing in person or appear through a designated representative.

 

1606.4Failure by the applicant to appear at the hearing either in person or through a designated representative may result in the Director’s denial of the license application, unless good cause is shown for the failure to appear.

 

1606.5At the hearing, the Director shall have the authority to:

 

(a) Regulate the course of the hearing, including the order of testimony and the imposition of appropriate time limitations on witness testimony;

 

(b) Request the applicant and objectors appearing at the hearing to state their respective positions concerning any issues in the proceeding and their support of or opposition to such issues;

 

(c) Request or accept written or oral testimony and exhibits from the applicant and objectors;

 

(d)Question the applicant and any testifying objectors and allow the applicant to conduct appropriate cross-examination of any testifying objectors;

 

(e) Exclude irrelevant, immaterial, or unduly repetitious evidence;

 

(f) Grant a request to continue the hearing for a period not to exceed thirty (30) days;

 

(g) Adjourn a hearing and establish the date when the hearing will be continued; and

 

(h) Take any other action authorized by, or necessary under, this section.

 

1606.6Upon the scheduling of a hearing with the Director, all parties shall be prohibited from participating in any ex parte communication with the Director relevant to the merits of the hearing.

 

1606.7The hearing shall be open to the public and recorded by video or audio equipment.

 

1606.8Within thirty (30) calendar days after the close of the record, the Director shall render a written decision accompanied by findings of fact and conclusions of law.

 

1606.9An appeal from the final decision rendered by the Director after a hearing may be filed with the Office of Administrative Hearings in accordance with its rules of procedure.

 

 

authority

Sections 2002(f) and (l) of the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code §§ 47-2851.03a(c)(1)(H) and (c)(2) and 47-2851.20), and consistent with section 2(d) and (e) of the Streamlining Regulation Act of 2003, effective October 28, 2003 (D.C. Law 15-38; D.C. Official Code §§ 47-2851.02 and 47-2851.03)

source

Final Rulemaking published at 39 DCR 9292, 9295-96 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 521, 525 (January 8, 2010).

EditorNote

Section 1606 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1604 by Final Rulemaking published at 57 DCR 521 (January 8, 2010). Section 1609 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1606 by Final Rulemaking published at 57 DCR 521 (January 8, 2010).