Section 28-510. WITNESSES AND CROSS-EXAMINATION OF ACCUSERS

 

510.1The resident shall be allowed to call at least two (2) witnesses, but any right to call any number over two (2) shall be subject to control by the Adjustment Board.

 

510.2If the Board determines that any witness or witnesses whom the resident wishes to call cannot provide relevant testimony, would be unduly repetitious of previous testimony, or should not be called for any other good cause related to the safety of any resident or other person, the Board shall note in the record of the hearing the specific reason for limiting the number of witnesses.

 

510.3Counsel or substitute counsel for the resident shall be given an opportunity to meet with potential witnesses at least forty-eight (48) hours before the adjustment hearing; provided, that no potential adverse witness may be compelled to meet with counsel or substitute counsel.

 

510.4If any accusing officer or other adverse witness is called by the Board and testifies against the resident, the resident's counsel or substitute counsel shall be allowed to cross-examine the officer or witness.

 

510.5Except as provided in § 510.4, no adverse witness may be compelled to testify by the resident or the resident's counsel or substitute counsel.

 

510.6If any cross-examination disrupts the proceedings, the Board shall have the right to curtail the cross-examination and shall note that decision in the record of the hearing.

 

source

Final Rulemaking published at 28 DCR 865, 883 (February 27, 1981).