Section 22-B423. CONDUCT OF HEARINGS

 

423.1All hearings before the Director shall be open to the public.

 

423.2The Director, or his or her designee, shall hear the evidence and render a decision.

 

423.3A respondent entitled to a hearing shall have the following rights:

 

(a)To be represented by counsel or other representative;

 

(b)To present all relevant evidence by means of witnesses, books, papers, documents and other relevant materials;

 

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

 

(d)To have subpoenas issued, upon written request to the Director, to compel the attendance of witnesses and the production of relevant books, papers, documents, and other relevant materials.

 

423.4In conducting a hearing pursuant to this chapter, the Director is authorized to do the following:

 

(a)Administer oaths or affirmation to witnesses called to testify pursuant to D.C. Code, 2001 Ed. § 1-301.22;

 

(b)Subpoena respondents, witnesses, books, papers, documents and other materials pursuant to D.C. Code, 2001 Ed. § 1-301.21;

 

(c)Take testimony;

 

(d)Examine witnesses;

 

(e)Order a continuance;

 

(f)Enter into a consent agreement; and

 

(g)Render a decision.

 

423.5The Director shall receive and consider any evidence or testimony; however, the Director may exclude irrelevant, immaterial, or unduly repetitious evidence or testimony.

 

423.6In any proceeding resulting from the Director’s proposed action to deny licensure, the applicant shall have the burden of satisfying the Director of the applicant’s qualifications.

 

423.7In any proceeding resulting from the Director's proposed action (a) to refuse to renew or reinstate a license; or (b) to suspend, revoke or convert the license to a conditional license, the Director shall have the burden of proving that the action should be taken.

 

423.8A complete record shall be made of all evidence presented during the course of the hearing. Any party to the proceedings, or his or her attorney of record, shall be furnished with a copy of the record upon request and payment of a fee prescribed by the Director.

 

source

Final Rulemaking published at 39 DCR 7729, 7743 (October 16, 1992).