Section 4-713. FACT-FINDING CONFERENCE

 

713.1Within fifteen (15) calendar days of the filing of a complaint, the Office shall serve a notice of the complaint and a copy of the complaint on the respondent.

 

713.2If considered appropriate, the Director or the Director’s designee shall schedule a fact-finding conference within twenty (20) calendar days of the date that a complaint is filed.

 

713.3The Director or the Director’s designee shall, at least seven (7) calendar days prior to the fact-finding conference, do the following:

 

(a)Inform the parties of the date of the fact-finding conference; and

 

(b)Inform the parties of their responsibility to provide the Director or the Director’s designee with names of witnesses who will provide information at the fact-finding conference.

 

713.4If a witness for a party is unable to attend the fact-finding conference, that party may request the witness to submit a notarized statement.  The party shall deliver the statement to the Office no later than two (2) calendar days before the scheduled date of the fact-finding conference.

 

713.5The purpose of the fact-finding conference shall be to provide for the rapid processing of charges that are narrowly defined and limited to allegations of direct harm to the charging party.

 

713.6A record of the fact-finding conference shall be made by a recording device. If a settlement negotiation is initiated during the conference, the settlement discussions shall be confidential and off the record.

 

713.7For purposes of this section, a “fact-finding conference” is an informal, investigative technique, not an adversary proceeding.

 

713.8Each allegation of the charge shall be closely examined and fully discussed.  Each party shall be allowed ample time to present and defend his or her position.

 

713.9If counsel for the respondent or the complainant is present, counsel shall be limited to an advisory role and will not be permitted to speak for their clients.  For cross-examination purposes, counsel may ask questions through the conference leader.

 

713.10The fact-finding conference may be waived or suspended when it becomes apparent to the Director or the Director’s designee that the remedy sought by the complainant may be achieved through a negotiated settlement.

 

713.11A request for rescheduling a fact-finding conference shall be granted at the discretion of the Director or the Director’s designee.  A scheduled court appearance of counsel for either party, illness of either party, or other extenuating circumstances are factors that shall be considered in rescheduling a fact-finding conference.

 

source

Final Rulemaking published at 56 DCR 007324 (September 4, 2009).