Section 31-356. INVESTIGATIONS

 

356.1The Panel may hold investigative hearings on any aspect of taxicab operations.

 

356.2In order to use subpoenas to obtain testimony or documents, the Panel shall adopt a resolution authorizing an investigation by the Panel or a committee thereof.

 

356.3Resolutions authorizing investigations under this section must delineate the purpose of the investigation and the subject matter to be investigated to afford witnesses adequate notice of the scope of the inquiry.

 

356.4The Secretary shall publish a notice of each investigation authorized under § 356.2, which shall include a copy or description of the resolution authorizing the investigation and the date it was filed with the Secretary.

 

356.5Within ninety (90) days of concluding an investigation, under this section, the Panel or committee shall submit to the Commission the results of its investigation unless the Commission, by majority vote of the members present and voting, extends this time limit

 

356.6The Panel, by a majority of the members present and voting, may vote not to release all or part of its report. The Commission by a majority of members present and voting, may direct the Panel to release its report under terms that the Commission sets.

 

356.7A witness may be affirmed or sworn to give truthful testimony.

 

356.8Any person authorized by law may issue an oath or affirmation to a witness.

 

356.9The Panel or committee may authorize a member, committee staff, or counsel advising the Panel or committee to take the testimony of witnesses by oral or written depositions.

 

356.10The Panel may subpoena the attendance and testimony of witnesses and the production of documents and other tangible items at meetings, hearings, and depositions in connection with an investigation.

 

356.11Subpoenas shall be served personally on the witness or his or her designated agent in one (1) of the following ways, which may be attempted concurrently or successively:

 

(a)By a special process server, at least eighteen (18) years of age, designated by the Panel or committee from among the staff appointed by the Chairperson who are not directly involved in the investigation; or

 

(b)By a special process server, at least eighteen (18) years of age, engaged by the Panel or committee for this purpose.

 

356.12The Panel or hearing committee may refer to the Commission any case of contumacy by any person subpoenaed to appear before the investigative hearing panel. The Commission by resolution, may refer any case of contumacy by any person subpoenaed by the Panel or a committee to the Superior Court of the District of Columbia.

 

356.13Any witness has the right to refuse to answer any question which might tend to incriminate him or her by claiming his or her Fifth Amendment privilege against self-incrimination, other Constitutional privileges or statutory or common law privileges recognized in the courts of the District of Columbia.

 

356.14If a witness asserts a privilege, the Chairperson shall inquire into the witness' reasons for claiming the privilege. If the Chairperson determines that the claim of privileges is not warranted, he or she shall direct the witness to answer the question. A witness' continued claim of privilege in the face of an order by the presiding member to answer a specific question constitutes contumacy by the witness.

 

356.15Where a witness under subpoena is not represented by counsel, the presiding member shall advise the witness of his or her privilege against self incrimination.

 

356.16A witness under subpoena is entitled to receive, at the cost of producing it, a written transcript or a transcription of his or her testimony in connection with an investigation.

 

356.17Any person who is the subject of an investigation authorized under § 356.2 may submit written questions for the cross-examination of other witnesses at public hearings called by the Panel or the committee. With the consent of the members present and voting, those questions may be put to the witness by any member, by any authorized staff member, or by counsel advising the Panel or committee.

 

356.18Any person, who is named or specifically identified in connection with an investigation and who believes that the testimony or other evidence or comment by a member of the Panel or committee or its staff does not comport with the truth, may file a sworn statement of facts relevant to the testimony or other evidence or comment complained of.

 

source

Final Rulemaking published at 34 DCR 6751, 6792 (October 23, 1987).