Section 6-B626. PRESENTATION OF EVIDENCE OR WITNESSES

626.1All material and relevant evidence or testimony shall be admissible, but may be excluded if it is unduly repetitious.

626.2During an evidentiary hearing, a party shall be entitled to present his or her case or defense by oral, documentary or physical evidence, and to conduct reasonable cross examination.

626.3Objections to the admission of evidence, or to the conduct of the proceeding, may be made orally on the record where an evidentiary hearing has been provided, or by written motion. Argument thereon, or briefs or legal memoranda, if requested by the Administrative Judge, shall be included in the record. Rulings on objections shall be made at the time of the objection or prior to the receipt of further evidence, unless the Administrative Judge orders otherwise, and shall be a part of the record.

626.4The parties may agree upon any facts or procedures relevant to the proceeding. Such stipulations shall be binding on the parties.

626.5The Administrative Judge on his or her own motion or on motion of a party, may take official notice of matters of common knowledge or matters that can be verified. Official notice taken of any fact shall satisfy a party's burden of proving the fact noticed.

626.6All exhibits offered into evidence shall be numbered and marked so as to identify the party offering the exhibit.

626.7Whenever the Administrative Judge excludes evidence, the offering party may make an offer of proof of what the party expects the evidence to establish. In the case of an evidentiary hearing, if the offer of proof consists of an oral statement, it shall be included in the record. If the offer of proof consists of an exhibit or other documentary evidence, it shall be marked for identification and retained in the record so as to be available for consideration by any reviewing authority.

authority

The Chairperson of the Office of Employee Appeals in accordance with §602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).

source

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2144 (March 16, 2012).

EditorNote

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606-635 were renamed, and section 636 was repealed.