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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 5. EDUCATION |
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SubTilte 5-E. ORIGINAL TITLE 5 |
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Chapter 5-E14. ADVERSE ACTIONS |
Section 5-E1408. HEARING PROCEDURES
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1408.1All hearings held pursuant to § 1407 shall be closed to the public unless the employee requesting the hearing specifically requests that the hearing be open.
1408.2An open hearing may be closed at any time upon the request of the employee.
1408.3The rules of evidence shall not be strictly applied by the hearing officer; however, the hearing officer shall have the authority to use the rules of evidence currently in effect in the Superior Court of the District of Columbia as guidelines for the orderly conduct of the hearing. The hearing officer shall exclude any evidence or testimony that is irrelevant or repetitive.
1408.4An electronic recording of the hearing shall be made.
1408.5All testimony shall be given under oath or affirmation administered by the hearing officer.
1408.6Any person may be excluded from the hearing by the hearing officer for conduct that interferes with the hearing process.
1408.7The hearing officer may request proposed findings or post-hearing briefs on any issue.
1408.8Any party may file a post-hearing brief at the conclusion of the hearing at its own initiative.
1408.9The official record of the hearing shall consist of the following:
(a)The notice of adverse action;
(b)The request for the appeal hearing;
(c)The written answer of the employee, if any;
(d)The electronic recording of the hearing;
(e)Any post-hearing briefs or proposed findings submitted by the parties;
(f)The written report of the hearing officer; and
(g)Any exceptions to the hearing officer’s findings and recommendations submitted by the parties.
1408.10The hearing officer shall make written findings and recommendations within ten (10) days of the conclusion of the hearing.
1408.11Findings and recommendations shall be filed with the hearing office which shall forward copies to each party or its representative.
1408.12Within seven (7) days of the receipt of the copy of the hearing officer’s findings and recommendations, any party or its representative may submit to the hearing office written exceptions to the findings and recommendations.