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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 21. WATER AND SANITATION |
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Chapter 21-4. CONTESTED WATER AND SEWER BILLS |
Section 21-420. HEARINGS
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420.1All hearings shall be open to the public.
420.2Hearings shall be held at the location indicated on the hearing notice; Provided, that the hearing officer, at his or her discretion, may establish other permanent or temporary hearing locations.
420.3The hearing officer shall ensure that the hearing is conducted in an orderly manner and shall have the authority to exclude any owner or occupant or other person from the hearing on the grounds of substantial interference with, or obstruction of, an orderly hearing process.
420.4If an owner or occupant requests a hearing on charges from more than one water and sewer service or groundwater sewer service billing period, the hearing officer may consolidate the hearings.
420.5The Rules of Civil Procedure and the Rules of Criminal Procedure for the Superior Court of the District of Columbia are not binding for these administrative hearings.
420.6All testimony shall be given under oath or affirmation administered by the hearing officer.
420.7The burden of proof shall be on the parties seeking relief.
420.8The standard of proof shall be a preponderance of the evidence.
420.9Hearing officers assigned to render a decision in any proceedings under this chapter shall not communicate, directly or indirectly, with any person involved in or affiliated with any of the parties, except upon notice and opportunity for all parties to participate.
420.10If any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, refuses to be examined, or refuses to obey any lawful order of the hearing officer, the hearing officer may petition the Superior Court of the District of Columbia for an order requiring compliance.
420.11The hearing officer shall follow the general rules of evidence applicable to administrative hearings under the District of Columbia Administrative Procedure Act. P.L. 90-614 (D.C. Code § 1-1501 et seq. (1992 Repl. Vol.)).