Section 5-A8021. HEARING OFFICER; PARTIES

8021.1The Commission may authorize a hearing officer, including the District of Columbia Office of Administrative Hearings, pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01, et seq.), to conduct a hearing authorized under this chapter.

 

8021.2The hearing officer may:

 

(a)Administer oaths;

 

(b)Receive and exclude evidence;

 

(c)Issue subpoenas to compel witnesses to appear and testify or produce relevant materials. The subpoenas shall be in the name of the Mayor of the District of Columbia; and

 

(d)Issue a recommended decision.

 

8021.3The hearing officer may not render a final decision.

 

8021.4A party entitled to a hearing has the following rights:

 

(a)The right to be represented by an attorney;

 

(b)The right to present all relevant evidence;

 

(c)The right to examine opposing witnesses; and

 

(d)The right to have subpoenas issued to compel the attendance of witnesses and the production of relevant materials.

 

8021.5The Commission or respondent may move to join other parties who are necessary for a just adjudication of the respondent’s application or licensing.

 

authority

The Education Licensure Commission (ELC) (Commission), pursuant to authority set forth in sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306(b)(3) and 38-1311 (2010 Supp.)), and Mayor’s Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2010 Supp.)).

source

Notice of Final Rulemaking published at 58 DCR 2424, 2451 (March 18, 2011).