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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 28. CORRECTIONS, COURTS, AND CRIMINAL JUSTICE |
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Chapter 28-5. CORRECTIONAL INSTITUTIONS |
Section 28-525. CONDUCT OF HOUSING HEARINGS
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525.1At the housing hearing, the Board shall read the written notice to the resident. The Department of Corrections shall then present its evidence.
525.2After the Department has presented its evidence, the resident shall be allowed to present witnesses and other evidence, subject to the limitations set forth in this section.
525.3The 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.
525.4If 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.
525.5If the Board determines that a threat to the safety of specific witnesses would be posed by having the resident confront those witnesses, the witness may be questioned by an appropriate Department official without the accused being present. The results of that examination shall be considered part of the evidence, and a summary of the testimony shall be contained in a confidential report to the Administrator.
525.6A record of the hearing shall be made and preserved. The record shall be made by tape recording; provided, that if tape recording is impossible, the record shall be made by reasonably detailed minutes.
525.7If minutes are maintained, they shall be made available to the resident or his counsel upon request.