Section 3-407. EVIDENCE  


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    407.1Evidence shall be taken in conformity with D.C. Official Code § 2-509(b) (2006 Repl.).

     

    407.2The Board may permit rebuttal evidence.

     

    407.3Any party objecting to the admissibility of evidence shall state the grounds of the objection(s) relied upon.

     

    407.4Any offer of proof made in connection with an objection taken to any ruling of the Board which rejects or excludes proffered oral testimony shall consist of a statement for the record of the substance of the evidence which the person contends would be adduced by the testimony.

     

    407.5If excluded evidence consists of documentary evidence, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.

     

    407.6The Board, in its discretion, may permit the withdrawal of original documents offered and received in evidence and substitute certified copies in place of the originals.

     

    407.7When relevant and material matters offered in evidence are embraced in a book, paper or document containing other matters, not material or relevant, the persons offering the same shall plainly designate the matter so offered, and the immaterial or irrelevant parts shall be excluded and shall be segregated insofar as practicable.

     

    407.8No document or other writing shall be accepted for the record after the close of the hearing, except with the consent of the Board after due notice to the opposing parties and only when the receipt of the document will not unfairly affect the interest of a party.

     

    407.9In a contested case conducted under § 423, witnesses may be examined or cross-examined by the Board, the complainant, respondent, or any party so determined by the Board pursuant to this chapter.

     

    407.10In a rulemaking case conducted under § 422, witnesses may be examined only by the Board.

     

authority

The District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14).

source

Final Rulemaking published at 45 DCR 432 (January 23, 1998).