Section 31-324. HEARING PANELS

 

324.1Upon the filing of a demand for hearing, the Chairperson shall assign the case to a hearing panel. Thereafter, all motions and procedural requests shall be addressed to the Chairperson or his or her designee who shall preside at the hearing.

 

324.2The Chairperson shall have the following powers, in addition to any other powers specified in §§ 320 to 355 and 399:

 

(a)To give notice concerning hearings;

 

(b)To administer oaths and affirmations;

 

(c)To examine witnesses and to take testimony;

 

(d)To issue subpoenas, to take depositions, or cause depositions or interrogatories to be taken;

 

(e)To rule upon offers of proof and to receive relevant evidence;

 

(f)To regulate the course and conduct of hearings;

 

(g)To hold conferences, before or during a hearing, for the settlement or simplification of issues;

 

(h)To rule on motions and to dispose of procedural requests or similar matters;

 

(i)To draft the initial and final orders and opinions to decisions of the hearing panels as provided in § 324.3; and

 

(j)To take any other action authorized by this chapter, the Administrative Procedure Act, or by any other applicable statute, rule, or regulation.

 

324.3The hearing panel shall have the following powers, in addition to any other powers specified in §§ 320 to 355 and 399:

 

(a)To examine witnesses and to take testimony; and

 

(b)To make the initial and final decisions in a proceeding and to direct the Chairperson to prepare a written order and opinion to effect such decision which shall be considered and approved by the hearing panel when satisfactory.

 

324.4The authority of the hearing panel in each case shall terminate upon the occurrence of any of the following:

 

(a)Expiration of the period within which requests for administrative or judicial review may be filed;

 

(b)When a member or members of the hearing panel withdraws from the case upon considering himself, herself, or themselves disqualified, or for any other reason; and

 

(c)Reassignment of the proceedings by the Chairperson to another hearing panel.

 

324.5No person shall conduct a hearing in a proceeding in which he or she is prejudiced or partial with respect to any party, or where that person has any interest in the matter pending for decision before him or her.

 

324.6In cases to be determined upon an evidentiary record after notice and hearing, a party desiring that a person disqualify himself or herself from participating in the proceeding shall file a motion as provided in § 336.

 

324.7The Chairperson for a hearing panel to whom a case is assigned shall give the parties reasonable notice including the date, time and place of a hearing and the nature of the hearing.

 

324.8In no case shall notice be given less than ten (10) days prior to the hearing unless by consent of all parties to the hearing.

 

324.9In the case of a hearing for the contest of the imposition of civil fines pursuant to § 825, the availability of law enforcement personnel may be specified in the Notice of Infraction.

 

source

Final Rulemaking published at 34 DCR 6751, 6761 (October 23, 1987).