Section 22-B2013. CONDUCT OF HEARINGS

 

2013.1Every hearing before the Office of Administrative Hearings shall be open to the public and shall be in accordance with its rules of procedure and this chapter.

 

2013.2An applicant or licensee entitled to a hearing shall have the following rights:

 

(a)To be represented by counsel;

 

(b)To present testimony;

 

(c)To present witnesses and evidence on his or her behalf:

 

(d)To examine all opposing witnesses on any matter relevant to the issues; and

 

(e)To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and documents upon making written request therefore to the Office of Administrative Hearings.

 

2013.3In any proceeding resulting from the Director's contemplated action to deny new licensure, the applicant shall have the burden of proving his or her qualification for licensure.

 

2013.4In any proceeding resulting from the Director's contemplated action to refuse to renew, to revoke, or to suspend a license, the Department shall have the burden of proving that such action should be taken, or in the case of a summary suspension, that the action was valid.

 

2013.5In all hearings, a complete record shall be made of all evidence presented during the course of a hearing. Any party to the proceedings desiring it shall be furnished with a copy of the record, upon payment of the fee prescribed by the Office of Administrative Hearings.

 

2013.6Final decisions shall be rendered, petitions for reconsiderations taken and appeals filed in accordance with the rules of the Office of Administrative Hearings.

 

source

Notice of Final Rulemaking published at 55 DCR 8813 (August 15, 2008).