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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 4. HUMAN RIGHTS AND RELATIONS |
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Chapter 4-4. PROCEDURE FOR CONTESTED CASES |
Section 4-404. HEARING TRIBUNAL
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404.1After a complaint has been certified to the Commission for public hearing, the Chairperson shall appoint a Hearing Tribunal consisting of three (3) members of the Commission, sitting as the Commission, to adjudicate the complaint.
404.2The Chairperson may designate one or more hearing examiners to hear and report back to the Hearing Tribunal on any complaint before the Commission. The hearing examiner(s) may be appointed from a list of qualified examiners approved by the Commission or from among the Commissioners. A Hearing Tribunal may also function in the role of hearing examiner, and shall render a final decision and order in such role.
404.3Any Commissioner or hearing examiner who has participated in the precertification processing of a complaint or has participated in any decision related to the merits may not sit as a member of the Hearing Tribunal appointed to adjudicate the complaint or as a hearing examiner delegated to hearing the complaint.
404.4Upon assignment of a complaint, the Hearing Tribunal and the hearing examiner, if one has been designated, shall receive the materials listed in § 401.2, together with any available information as to the addresses and telephone numbers of the parties and their representatives. At no time prior to the commencement of the hearing shall the Hearing Tribunal or the hearing examiner receive any information regarding the merits of the complaint.
404.5Upon assignment of the complaint, the Chairperson shall notify the parties of the name of the designated hearing examiner. In the absence of a designated hearing examiner, the Chairperson shall notify the parties of the names of the assigned Hearing Tribunal members.
404.6The hearing examiner, whether selected from a list of qualified examiners, or from among the Commissioners, shall be entitled to an appropriate per diem allowance while conducting the hearing; provided, that prior to the hearing, the Chairperson has certified that funds are available for such purpose.