Section 26-A1807. HEARINGS

 

1807.1If the victim signs a request for hearing, it shall be held in accordance with procedures set forth in this section.

 

1807.2The victim may be present at the hearing and shall be allowed to present testimony or cross examine witnesses in person or by counsel.

 

1807.3The Administration may receive as evidence any statement, document, information or matter that it finds in its discretion is relevant and of such a nature as to afford the parties a fair hearing.

 

1807.4The Administration may also accept hospital reports and physician's reports as proof of the injury sustained, without requiring the presence of the attending physician at the hearing.

 

1807.5In disputes of medical facts, the Administration may direct medical examination of the victim by a physician designated by the Administration solely for this purpose.

 

1807.6The victim shall present himself or herself to the physician designated by the Administration for this purpose within a time specified by the Administration.

 

1807.7All hearings shall be conducted in an orderly manner.

 

1807.8All witnesses shall testify under oath or by affirmation and a record of the proceedings may be transcribed.

 

1807.9The cost of the transcription shall be borne by the requesting party except where evidence of financial hardship is submitted to the satisfaction of the hearing officer.

 

1807.10The Administration shall not be bound by common law, statutory rules of evidence, technical or formal rules for procedure.

 

1807.11Hearings may be adjourned on motion of the Administration or upon timely request of any interested party.

 

1807.12The failure of the victim to appear at the time of the hearing may, in the discretion of the Administration, upon good cause shown, be excused and a new hearing scheduled.

 

1807.13A case may be reopened if upon written application by the victim or; his/her attorney; or upon motion of the Administration; and good cause shown. Further investigation and testimony may be presented if the Administration finds it necessary.

 

1807.14A hearing shall be held at a place designated by the Administration.

 

1807.15A final determination following a hearing, shall be made as soon as possible, but not later than thirty (30) days after the hearing. The final determination shall include findings of fact and conclusions of law and a decision and an order.

 

1807.16The record of a hearing shall be open to the public.

 

1807.17Any record or report obtained by the Administration in which the victim's confidentiality is protected by any other law or regulation shall be kept confidential.

 

1807.18Pursuant to § 1806, a claim may be reopened at any time if new evidence reveals the following information relative to the victim:

 

(a)The victim is not eligible;

 

(b)The victim is guilty of misconduct which contributed to the loss arising out of the accident upon which the claim is based;

 

(c)The victim knowingly provided false or misleading information; or

 

(d)The victim suppressed relevant information concerning a claim.

 

1807.19Hearings shall be held in accordance with the District of Columbia Administrative Procedure Act (§ 1-1501, et seq of the D.C. Code, (1981 ed.) and this title.

 

source

Final Rulemaking published at 35 DCR 7649(October 21, 1988).