Section 5-A8133. NOTICE AND HEARINGS

 

8133.1The notice to the applicant or licensee shall specify what action is contemplated, the basis for the action, and that the proposed action shall be taken if no hearing is requested, or if the applicant or licensee fails to appear at a requested hearing.

 

8133.2The notice shall inform the applicant or licensee of the right to request, within ten (10) days from service of notice, a hearing before the Commission.

 

8133.3If a person who was sent a notice of a proposed action pursuant to §2233.2 does not mail or deliver a request for a hearing within the time and in the manner required under that section, the Commission may, without a hearing, take the action contemplated in the notice.

 

8133.4If a person scheduled for a hearing does not appear for the hearing, and no continuance is granted, the hearing officer may cancel the hearing, and the Commission may proceed to act; or the hearing officer may receive evidence and hear testimony and the Commission may render a decision on the basis of evidence before it.

 

8133.5The Commission, prior to rendering a decision, may, upon written request from the respondent and payment of the required fee, send a copy of the transcript or summary of the hearing to the respondent and request proposed findings of fact and conclusions of law from the respondent within thirty (30) days of the scheduled date of the hearing.

 

8133.6The Commission shall inform the respondent and the Corporation Counsel of an action taken under §8133.3 or 8133.4.

 

8133.7If a respondent requests a hearing, the Commission shall within thirty (30) days following receipt of the request, notify the respondent of the date, time, and place of the hearing.

 

8133.8The Commission shall hold the hearing not less than fifteen (15) days following the date of service of the notice under 8133.7, unless the Commission, the respondent, and the Corporation Counsel agree to the holding of the hearing at an earlier date.

 

8133.9A notice, order or decision required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.

 

8133.10Service on a respondent shall be directed to the last known address of the respondent on file with the Commission and shall be completed by one of the following methods:

 

(a)By personal delivery;

 

(b)By leaving it at the party's office with a person in charge or an employee; or, if the office is closed or the party to be served has no office, by leaving it at the party's usual place of residence with a person of suitable discretion sixteen (16) years of age or older residing there;

 

(c)By certified mail, return receipt requested; or

 

(d)In conformity with an order of the Commission made in any hearing.

 

8133.11If service is by personal delivery, it shall be deemed to have been served at the time when delivery is made to the party, or other person served.

 

8133.12If service is by certified mail, it shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.

 

8133.13If the party is no longer at the last known address as shown by the records of the Commission, and no forwarding address is available, service shall be deemed to have been made on the date the return receipt bearing that notification is received by the Commission.

 

8133.14All hearings before the Commission are open to the public.

 

8133.15A respondent 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 by means of witnesses, books, papers, and other documents; and

 

(c)The right to examine opposing witnesses on any matter relevant to the issues.

 

8133.16After a hearing, and within time limits established by the Commission, the parties may submit proposed findings of fact, conclusions of law, and order, and may also submit memoranda of law on issues of law arising during the hearing.

 

8133.17All testimony at a hearing before the Commission shall be under oath or affirmation.

 

8133.18The Commission shall exclude irrelevant, immaterial, and unduly repetitious evidence.

 

8133.19All parties at a hearing shall maintain decorum and good order at all times, and the Commission may exclude or have removed from the hearing room any person violating any reasonable order of the hearing officer.

 

8133.20The Commission may authorize a hearing officer designated by the Commission to conduct a hearing in any matter that the Commission is authorized to conduct a hearing under this chapter.

 

8133.21The hearing officer of the Commission has the powers and duties given to the Commission by this chapter and the act, except the power to render a final decision.

 

8133.22When there is a hearing, the record shall be closed at the conclusion of the hearing. However, when the hearing officer allows the parties to submit arguments, briefs or documents previously identified for introduction into evidence, the record shall be left open for such time as the hearing officer grants for that purpose.

 

8133.23The hearing record shall be closed on the date set by the hearing officer as the final date for the receipt of submissions of the parties to any proceeding.

 

8133.24A recommended decision of a hearing officer shall contain the following:

 

(a)Findings of fact;

 

(b)Conclusions of law based on the findings of fact and application of the laws; and

 

(c)A recommended order.

 

8133.25The Commission, within sixty (60) days of completion of the hearing, shall render a final decision and notify the respondent and the Corporation Counsel of the action.

 

8133.26The Commission may, with the agreement of all parties, extend the sixty (60) day period in which it is required to render a decision.

 

8133.27If the decision proposed by the hearing officer is adverse to the respondent, the Commission, prior to issuing a final decision, shall serve the respondent with a copy of the decision and give the respondent an opportunity to file with the Commission within ten (10) days of the date of service exceptions, and written argument in support thereof.

 

8133.28Respondent's submission under §8133.27 shall set forth objections to the findings and recommendations of the hearing officer supported by reference to the record.

 

8133.29The Commission may adopt the decision recommended by the hearing officer, in whole or in part. The Commission shall issue a final decision and order a date for compliance.

 

8133.30In a hearing resulting from a proposed action to reduce, suspend or revoke a license, the Commission has the burden of proving by a preponderance of the evidence that the action should be taken.

 

8133.31In a hearing resulting from a proposed action to deny a license, the applicant has the burden of satisfying the Commission of the applicant's qualifications by a preponderance of the evidence.

 

8133.32In all hearings conducted under this chapter, the Commission shall make a complete record of all evidence presented during the course of a hearing.

 

8133.33The Commission shall make a transcript of a hearing on a proposed action, unless the parties and the Commission agree not to have a transcript made.

 

8133.34If the Commission does not make a transcript of the hearing, it shall make an electronic recording of the hearing.

 

8133.35The 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.

 

8133.36In the event of disputes with respect to the record, the Commission shall settle the record and rule on all contested motions to correct the record.

 

8133.37A decision of the Commission shall contain the following:

 

(a)Findings of fact;

 

(b)Conclusions of law based upon the findings of fact and application of the laws;

 

(c)An order; and

 

(d)A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review must be sought according to the rules of that Court.

 

8133.38The Chair of the Commission shall sign an order, decision, or other document of the Commission on behalf of the Commission; Provided, that the Commission by majority vote may designate another member to sign.

 

8133.39Within five (5) days after a decision is rendered, the Commission shall serve a copy of the written decision upon the respondent, or the respondent's counsel of record.

 

8133.40The Commission, on motion by a respondent, may, for good reason, stay the imposition of an order pending appeal or reconsideration.

 

8133.41In computing any period of time specified in this chapter, "day" shall mean calendar day; except that the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday, or day on which the Commission is officially closed, in which event the time period shall continue until the next day that is not a Saturday, Sunday, legal holiday, or day on which the Commission is officially closed.

 

source

Final Rulemaking published at 37 DCR 6619, 6640 (October 19, 1990).