Section 3-423. CONTESTED CASE HEARING

 

423.1The rules of procedure set forth in this section shall apply to the contested case hearings.

 

423.2All parties have the right to produce evidence and witnesses on their behalf and to rebut or explain testimony or evidence against them.

 

423.3All parties have the right to cross-examine other parties and witnesses and to offer argument or explanation in support of their positions or contentions.

 

423.4A party may cross-examine any other party or person, except the Board; provided, that the Chairperson may rule a question out of order when it is irrelevant, immaterial, or unduly repetitious.

 

423.5In all cases involving violations of the Campaign Finance Reform and Conflict of Interest Act, the Office of Campaign Finance has the burden of proving a violation with reliable, probative and substantial evidence.

 

423.6Witnesses shall be examined and cross-examined orally under oath or affirmation.

 

423.7Evidence shall be taken in conformity with D.C. Official Code § 2-509(b) (2006 Repl.).

 

423.8There shall be substantial evidence adequate to support pertinent and necessary findings of fact.

 

423.9The order of procedure for presenting evidence at the hearing shall be as follows:

 

(a)Call to order and opening statement by the Chairperson;

 

(b)Introductory statement by Board’s staff;

 

(c)Consideration of pending motions and procedural matters;

 

(d)The complainant’s or agency’s case;

 

(e)The respondent’s case;

 

(f)The intervenor's case, if any; and

 

(g)Rebuttal by complainant or agency.

 

423.10If there is more than one party within any category, the parties within the category shall stipulate their order of presentation. If the parties are unable to agree, the Board shall set the order.

 

423.11In a contested case proceeding under this chapter, no decision or order of the Board on a complaint or petition shall be made except upon the exclusive record of the proceedings before 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).