Section 22-B1104. EXHIBITS AND OTHER DOCUMENTARY EVIDENCE

 

1104.1When a written exhibit is offered in evidence, one (1) copy shall be furnished to each of the parties at the hearing unless the parties have been furnished previously with copies or the hearing officer directs otherwise.

 

1104.2If the hearing officer has not fixed a time for the exchange of exhibits, the parties shall exchange copies of exhibits at the earliest practical time, preferably before the hearing or, at the latest, at the commencement of the hearing.

 

1104.3The hearing officer may permit a party to withdraw original documents offered in evidence and substitute true copies.

 

1104.4Documentary evidence may be received in the form of copies or excerpts if the original is not available.

 

1104.5Upon request, parties shall be given an opportunity to compare the copy with the original when available.

 

1104.6When relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. The immaterial and irrelevant parts shall be excluded and shall be segregated insofar as is practicable.

 

1104.7If the hearing officer so directs, the relevant or material matter may be read into the record, or, if the hearing officer so directs, a true copy of the matter, in proper form, shall be received as an exhibit, and like copies shall be delivered by the party offering the same to opposing parties or to their attorneys appearing at the hearing, who shall be afforded an opportunity to examine the book, paper, or document, and to offer in evidence in like manner other portions thereof.

 

1104.8If any portion of the record in any other proceeding, including a court proceeding, is offered in evidence, a true copy of that portion shall be presented for the record in the form of an exhibit unless one (1) of the following occurs:

 

(a)The party offering the same agrees unconditionally to supply the copies at a later time designated by the hearing officer; or

 

(b)The parties represented at the hearing stipulate upon the record that the relevant matter may be incorporated by reference; or

 

(c)The hearing officer directs the incorporation by reference or waives the requirement of presentation of documentary evidence with the consent of the parties.

 

1104.9No document or other writing shall be accepted for the record after the close of the hearing, except in accordance with an order issued by the hearing officer.

 

source

Final Rulemaking published at 33 DCR 1046, 1059 (February 21, 1986).