Section 26-B308. CONDUCT OF HEARINGS

 

308.1The 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.

 

308.2All hearings shall be open to the public. The Commissioner, 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.

 

308.3The proceedings shall be handled in the following manner:

 

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

 

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

 

(c)The Commissioner may allow the parties to present preliminary matters;

 

(d)The parties may make opening statements;

 

(e)The Commissioner shall state the order of the presentation of evidence;

 

(f)Witnesses shall be sworn or put under affirmation to tell the truth;

 

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

 

(h)The Commissioner shall exclude any irrelevant, immaterial, and unduly repetitious evidence.

 

308.4During the hearing, the Commissioner:

 

(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.

 

308.5On a genuine issue of relevant 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.

 

308.6The Commissioner 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 shall notify all parties of the material so noticed and shall permit a party, upon timely request, to contest the facts noticed. The Commissioner may use his or her technical experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.

 

308.7The 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.

 

source

As amended by final rulemaking published at 49 DCR 9285 (October 11, 2002).