Section 24-1308. LEGAL RIGHTS AT A HEARING

 

1308.1A respondent entitled to a hearing shall have the following rights:

 

(a)To be represented by counsel;

 

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

 

(c)To examine all opposing witnesses on any matter relevant to the issue;

 

(d)To have a subpoena issued to compel the attendance of witnesses and the production of relevant photographs, papers, and other documents upon written request for the subpoena to the Chief Hearing Examiner; and

 

(e)To be represented by an authorized representative.

 

1308.2If the respondent believes the Hearing Examiner assigned to conduct the hearing is prejudiced against the respondent or his or her representative, the respondent shall request a new hearing in writing to the Chief, Office of Public Space Adjudication, within forty-eight (48) hours of service of the initial disposition of the violation(s).

 

1308.3The request shall be accompanied by an affidavit signed by the respondent setting forth the facts upon which the claim of prejudice is predicated.

 

1308.4Upon receipt of the request, the Chief Hearing Examiner, or if there is none, the Chief, Office of Public Space Adjudication, shall determine, based upon the evidence, whether the rights of the respondent have been prejudiced and, if so, the Chief Hearing Examiner shall appoint a new Hearing Examiner and schedule a new hearing.

 

source

Final Rulemaking published at 34 DCR 7807, 7814 (December 4, 1987).