Section 5-A8023. CONDUCT OF HEARINGS AND RECORD

 

8023.1All hearings before the Commission or a hearing officer shall be open to the public, unless the Commission in its discretion directs that some or a portion of the hearing to be closed.

 

8023.2 All testimony at a hearing shall be under oath or affirmation.

 

8023.3The Commission or a hearing officer shall exclude irrelevant, immaterial, and unduly repetitious evidence as it deems appropriate.

 

8023.4All persons at a hearing shall maintain decorum and good order at all times. The Commission may exclude or have removed from the hearing room any person deemed disruptive to the hearing process.

 

8023.5All hearings shall be recorded and the Commission shall compile a complete record of all evidence presented during the course of a hearing.

 

8023.6The Commission shall make a transcript of a hearing upon the request of a party.

 

8023.7If the Commission does not make a transcript of the hearing, it shall maintain an electronic copy of the hearing as part of the record.

 

8023.8The Commission shall provide a copy of an approved transcript or recording of a hearing to any person requesting it, upon payment of the required fee.

 

8023.9If a dispute arises with respect to the record, the hearing officer or the Commission shall settle the record and rule on all contested motions to correct the record.

 

8023.10The hearing record shall be closed at the conclusion of the hearing. However, when the Commission or hearing officer allows the parties to submit arguments, briefs, or documents, the record shall be left open for such time as the Commission or hearing officer grants for that purpose.

 

8023.11The hearing record shall be closed on the date set by the Commission or hearing officer as the final date for the receipt of submissions of the parties.

 

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, 2452 (March 18, 2011).