Section 24-1508. HEARING PROCEDURES

 

1508.1The hearing shall be presided over by the President or his or her designee.  The designee may not have been involved in the initial seizure of the animal or in the preparation of the summaries described in § 1505 and § 1506.

 

1508.2The President or his or her designee shall receive written and oral documentary evidence but shall exclude irrelevant, immaterial, and unduly repetitious evidence.

 

1508.3The WHS shall present its evidence at the hearing either with the assistance of counsel or through the WHS humane officer who seized the animal and prepared the summaries described in § 1505 and § 1506.  The President or his or her designee and the respondent may examine the humane officer.  The summaries described in § 1505 and § 1506 shall be submitted into evidence.

 

1508.4The President or his or her designee may:

(a) Examine witnesses introduced on behalf of WHS;

 

(b) Examine witnesses introduced by the respondent;

 

(c) Examine any documentary evidence introduced by the respondent; and

 

(d) Request that the humane officer testify again after the respondent presents his or her case.

 

1508.5Either WHS or the respondent may:

(a) Call and examine witnesses;

 

(b) Introduce documentary evidence;

 

(c) Examine any documentary evidence introduced by the humane officer;

 

(d) Cross-examine witnesses presented by the WHS on any matter relevant to the issues under review even if that matter was not covered in the direct examination; and

 

(e) Submit rebuttal evidence.

 

1508.6Each hearing shall be recorded.  The hearing need not be transcribed unless a  copy of such record is timely requested by the respondent, who shall bear the  costs.

 

1508.7 The recording, exhibits, all papers, requests, and other documents filed in the proceedings, the decisions, and the findings and conclusions constitute the exclusive record of the hearing.  The record shall be available to the respondent for a period of two years or until any litigation relating to the decision has ended, whichever is later.

 

authority

Section 4(c)(1) of An Act to prevent cruelty to children or animals in the District of Columbia, and for other purposes, approved June 25, 1892 (27 Stat. 61; D.C. Official Code § 22-1004(c)(1)), and Mayor’s Order 1988-16, dated January 22, 1988.

source

Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009).