Section 29-154. CONDUCT OF HEARING

 

154.1Each hearing shall be conducted by an impartial hearing examiner who has not been involved in the action which is at issue in the hearing or with the administration or operation of the Vocational Rehabilitation Services Division.

 

154.2Each hearing shall be recorded verbatim, shall be conducted in accordance with D.C. Code, 2001 Ed. § 2-509, and shall be open to the public unless the hearing examiner for good cause determines otherwise.

 

154.3The hearing examiner shall receive oral and documentary evidence, but shall exclude irrelevant, immaterial, and unduly repetitious evidence.

 

154.4Each party shall have the following rights:

 

(a)To call and examine witnesses;

 

(b)To introduce documentary evidence;

 

(c)To cross-examine opposing witnesses on any matter relevant to the issues under review even though that matter was not covered in the direct examination; and

 

(d)To submit rebuttal evidence.

 

154.5All papers and documents introduced into evidence at the hearing shall be filed with the hearing examiner and provided to the other parties. All such documents and other evidence submitted shall be open to examination by the parties and opportunities shall be given to refute the facts and arguments advanced on either side of the issues.

 

authority

D.C. Official Code § 7-761.09 (2007 Supp.)

source

Final Rulemaking published at 38 DCR 2034 (April 5, 1991); as amended by 54 DCR 6020 (June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612 (May 28, 2010).