Section 22-B1105. OFFICIAL NOTICE

 

1105.1Without limiting the discretionary powers of the hearing officer to notice other matters or documents which are properly the subject of official notice, the following matters may be officially noticed in all proceedings under the provisions of this chapter:

 

(a)Matters which are subject to judicial notice in the courts of the District of Columbia;

 

(b)Matters of generally recognized technical or specialized facts within the knowledge and experience of the hearing officer; and

 

(c)Facts contained in the applicant's or registrant's official file.

 

1105.2All parties to a proceeding shall be notified either before or during the hearing, of any matters noticed, and they shall be afforded an opportunity to contest the material so noticed.

 

1105.3Where the decision of the hearing officer rests on the official notice of a matter not appearing in the evidence in the record, any party shall, upon filing a motion within ten (10) days after thereof be afforded a reasonable opportunity to offer evidence to the contrary.

 

source

Final Rulemaking published at 33 DCR 1046, 1060 (February 21, 1986).