Section 4-409. PLEADINGS

 

409.1Every written pleading shall be typewritten, signed by the party’s representative of record and served on every other party; and shall contain a statement certifying that a copy was served on every other party.

 

409.2Every written pleading, motion, or other submission shall be filed with the Office of the Commission during its regular business hours on or before the date when the submission is due or permitted under this chapter or under the orders of the hearing examiner or Commission. An original and three (3) copies of each submission shall be filed with the Office of the Commission.

 

409.3The signature of a party or a party’s representative constitutes a certificate by that individual that, to the best of his or her knowledge, information, and belief, there is a good faith basis in law and fact for such submission, and that it is not interposed for delay or other improper purpose.

 

409.4Upon a finding by the hearing examiner that any submission fails to comply with the provisions of § 409.3, the hearing examiner may impose a remedy in the hearing examiner’s discretion, including but not limited to, the following:

 

(a)Striking the submission from the record;

 

(b)Awarding fees and costs to an opposing party; or

 

c)Disqualifying a representative from further participation in the case.

 

409.5All motions, except those made in open session during the course of the hearing, shall be made in writing, and shall contain a concise statement of points and authorities and a memorandum of fact and law in support of the motion.

 

409.6The hearing examiner shall rule on each motion concerning issues that are committed to the hearing examiner’s discretion. The hearing examiner may render a recommended ruling on any motion concerning issues that are committed to the Hearing Tribunal, pending conclusion of the hearing.

 

source

Final Rulemaking published at 42 DCR 1429, 1435-36 (March 24, 1995).