Section 26-A3808. CONDUCT OF HEARINGS

 

3808.1The Commissioner shall preside at all hearings unless the Commissioner has delegated his or her authority to conduct the hearing to a hearing officer in accordance with these rules.

 

3808.2All hearings shall be open to the public. The Commissioner or designated hearing officer, for good cause shown, may grant a request by a party to keep confidential any proprietary or personal information introduced as evidence in a hearing.

 

3808.3The proceedings shall be handled in the following manner:

 

(a)The Commissioner or designated hearing officer shall call the hearing to order;

 

(b)The Commissioner or designated hearing officer shall explain briefly the purpose and nature of the hearing and the issues involved;

 

(c)The Commissioner or designated hearing officer may allow the parties to present preliminary matters;

 

(d)The parties may make opening statements;

 

(e)The Commissioner or designated hearing officer shall state the order of the presentation of evidence;

 

(f)Witnesses shall be sworn or put under affirmation to tell the truth, and their direct testimony may be admitted in person or in writing, but cross examination shall be in person;

 

(g)The parties may present closing summations and arguments; and

 

(h)Shall exclude any irrelevant, immaterial, and unduly repetitious evidence.

 

3808.4During the hearing, the Commissioner or designated hearing officer:

 

(a)Shall administer the oath or affirmation to each witness;

 

(b)Shall rule on the admissibility of evidence;

 

(c)Shall maintain order and take such action as necessary to avoid delay in the conduct of the hearing; and

 

(d)May question any witness at any time as to any matter that the Commissioner considers relevant and material to the proceeding.

 

3808.5On a genuine issue of material fact necessary to the determination of a contested case, each party may:

 

(a)Call witnesses;

 

(b)Offer direct evidence;

 

(c)Cross-examine witnesses; and

 

(d)Make opening and closing statements.

 

3808.6The Commissioner or designated hearing officer may take official notice of a fact which may be judicially noticed by the District of Columbia courts and may take official notice of general, technical or scientific facts within his or her specialized knowledge or experience. The Commissioner or designated hearing officer shall notify all parties person of the material so noticed and shall permit a party, upon timely request, to contest the facts noticed. The Commissioner or designated hearing officer may use his or her technical experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.

 

3808.7The Commissioner may impose sanctions on a party that does not comply with his or her orders, including entering orders for decision on one or more issues, limiting the introduction of evidence or a party's participation in the proceeding, and addressing other matters he or she deems appropriate. When a hearing is conducted by a designated hearing officer, the designated hearing officer may propose to the Commissioner that sanctions be imposed at any time during the proceeding, provided however that any such proposal must be in writing and must be served upon the party against whom the sanctions are proposed.

 

source

Final Rulemaking published at 50 DCR 6433(August 8, 2003).