Section 31-345. CONDUCT OF HEARINGS

 

345.1Hearings shall be open to the parties and to such other persons as the Chairperson deems necessary or proper. At the start of each hearing, the complaint and answer referred to in §§ 801.2 and 801.3, may be read into the record.

 

345.2If a pre-hearing conference has not been held pursuant to § 341, parties shall submit a brief summary of their contentions, a list of witnesses to be called, proposed findings of fact and conclusions of law in complex cases, and other pertinent information which may be required by the Chairperson. In the absence of counsel, the Chairperson may waive the requirements of this subsection or permit the information to be orally presented before the Chairperson and the hearing panel.

 

345.3If the Chairperson believes that there is relevant and material evidence available which has not been presented at the hearing, the Chairperson may adjourn the hearing, or, at any time prior to the mailing of notice of the decision, reopen the hearing for the receipt of such evidence.

 

345.4The order in which evidence and allegations shall be presented and the procedure at the hearing generally, except as otherwise provided in this chapter shall be at the discretion of the Chairperson and of such nature as to afford the parties a reasonable opportunity for a fair hearing and comport with the burden of proof.

 

345.5Unless required for the disposition of ex parte matters authorized by law, the Chairperson and the hearing panel shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, not, in connection with any issue of law, with any party or his or her attorney except upon notice and opportunity for all parties to participate.

 

345.6The Chairperson and the hearing panel shall not communicate concerning a matter under consideration with the staff of the Office during the adjudicatory phase of the proceedings.

 

345.7A hearing scheduled shall not be delayed by a motion for a continuance unless the motion is made a least five (5) working days before the time at which the hearing is scheduled to be held, and, in the opinion of the hearing panel, sets forth good and sufficient cause for a continuance. The hearing panel may, in its discretion, continue a hearing in the unavoidable and justifiable absence of a complaining witness. The hearing panel may consider any inconvenience to the respondent or other witnesses which may result from a continuance, and shall refrain from the granting of multiple continuances in a particular matter. Counsel may seek a continuance for parties and witnesses.

 

345.8At the time the hearing panel convenes, all cases scheduled at that time shall be called by the clerk. Requests for continuances shall be considered and resolved. If a party against whom action is to be taken is not present, the hearing panel may enter a default judgment against the person. If the complaining party is not present at the call of the case, an order of dismissal may be entered.

 

345.9Conflicting engagements of counsel, absence of counsel, or the employment of new counsel shall not be regarded as good and sufficient cause for a continuance unless set forth in a motion filed promptly after notice of the hearing has been given.

 

source

Final Rulemaking published at 34 DCR 6751, 6780 (October 23, 1987).