Section 26-A1906. CONDUCT OF HEARINGS FOR DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION

 

1906.1Every hearing before the Director shall be open to the public.

 

1906.2An applicant or certification holder entitled to a hearing shall have the following rights:

 

(a)To be represented by counsel;

 

(b)To present oral and/or documentary evidence;

 

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

 

(d)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 Director.

 

1906.3In connection with any hearing held pursuant to this chapter, the Director shall have the power to do the following:

 

(a)To administer oaths or affirmations to witnesses called to testify;

 

(b)To subpoena respondents and other witnesses and relevant books, papers, and documents;

 

(c)To take testimony;

 

(d)To examine witnesses;

 

(e)To direct the continuance of any case; and

 

(f)To enter into a consent agreement.

 

1906.4In proceedings before the Director, if any person refuses to respond to a subpoena or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of the Director contained in the Director's decision rendered after hearing, the Director may make application to the proper court for an order requiring obedience thereto.

 

1906.5In all proceedings the Director shall receive and consider any evidence or testimony. However, the Director may exclude irrelevant, immaterial, or unduly repetitious evidence or testimony.

 

1906.6In any proceeding resulting from the Director's contemplated action to deny a new certification or to refuse to reinstate a suspended certification, the applicant shall have the burden of satisfying the Director of the applicant's qualifications.

 

1906.7In any proceeding resulting from the Director's contemplated action to refuse to renew, to suspend, or to revoke a certification, the Department shall have the burden of proving that such action should be taken.

 

1906.8In all hearings conducted by the Director, a complete record shall be made of all evidence presented during the course of a hearing. Any party to the proceedings desiring a copy of the record shall be furnished with a copy, upon payment of the cost thereof.

 

source

Final Rulemaking published at 36 DCR 4922 (July 14, 1989).