Section 31-226. OFFICE STAFF ROLES IN PROCEEDINGS  


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    226.1Unless otherwise provided by § 225 any person or participant in any proceeding is encouraged to confer on an informal basis with the staff of the Office with respect to any matters within the Commission's, Panel's, or Office's regulatory authority.

     

    226.2No person, participant, or staff personnel shall be bound by any statement made during the course of any informal consultations, and the Commission and Panel shall not be bound by statements or positions of its staff without its express consent.

     

    226.3Neither the staff of the Commission nor any consultant hired by the Commission, Panel, or Office shall appear as a party to, advocate in, or intervene in any Panel proceeding.

     

    226.4Individual staff members and consultants may appear on behalf of the Panel as expert witnesses, at the discretion of the Panel, to present testimony on selected issues after the Panel makes a finding of the issues to be decided in the proceeding and a determination that testimony in addition to that to be presented by the parties or intervenors is required by the Panel to develop a complete record.

     

    226.5The appearance of individual staff members and consultants shall be in accordance with Article VII of the Federal Rules of Evidence as those rules have been applied by the courts of the District of Columbia.

     

    226.6The Panel may appoint the General Counsel or the General Counsel's designee to assist the staff members and consultants testifying pursuant to § 226.4.

     

    226.7The General Counsel or the General Counsel's designee may examine all witnesses, including those testifying pursuant to § 226.4, in any proceeding before the Panel.

     

    226.8Testimony presented pursuant to § 226.4 shall reflect the witnesses's views on the issues. The statement of a view on an issue may include the following:

     

    (a)An analysis of how that view differs from the views of other witnesses in the proceeding;

     

    (b)An analysis of the decisions of a prior Panel or of the Public Service Commission of the District of Columbia; and

     

    (c)Any analysis of how these decisions relate to the views of the testifying witnesses and the other witnesses in the proceeding.

     

    226.9Staff members and consultants presenting testimony pursuant to § 226.4 may file rebuttal testimony.

     

    226.10Neither prehearing nor post-hearing briefs shall be filed by staff in any Panel proceeding.

     

source

Final Rulemaking published at 34 DCR 6715, 6726 (October 23, 1987).