Section 6-A2118. HEARING PROCEDURES

 

2118.1The complaint examiner must provide the complainant and the subject officer at least twenty (20) days notice of the hearing. The notice shall include the time, date and location of the hearing as well as the name of the complaint examiner. If requested by the complainant within ten (10) days of the date of the hearing notice, the Office shall provide an interpreter for the hearing.

 

2118.2The Executive Director may cause the issuance of subpoenas to compel the appearance of witnesses, the complainant, the subject officer, the production of documents, and any other evidence as may be necessary for purposes of the hearing.

 

2118.3All hearings shall be open to the public, unless the Executive Director approves the request of the complaint examiner to close the hearing to the public.

 

2118.4The complainant may be represented during the hearing or any phase of the complaint examination process by himself or herself, by an attorney or other representative of his or her own choosing or by a law student under the supervision of a licensed attorney. Subject officers may represent themselves or be represented by a member of or an attorney for the police officers' labor organization, or by another representative of their own choosing.

 

2118.5Hearings shall be conducted in accordance with the following provisions:

 

(a)Burden and Standard of Proof: The burden shall be on the complainant to show by a preponderance of the evidence that the alleged misconduct actually occurred.

 

(b)Exhibits: All evidence to be considered in the case, including, but not limited to, all records in the possession of either party, or a true and accurate photocopy, shall be marked as that party's exhibit and offered and made a part of the record. Such exhibits shall be preserved by the complaint examiner and shall be turned over to the Office at the conclusion of the proceedings, to be filed with other closed records.

 

(c)Rules of Evidence: District of Columbia rules of evidence shall not apply to these hearings. Any objection, including grounds for such objection, may be stated orally and shall be included in the record. The complaint examiner shall consider and rule upon objections as appropriate. The complaint examiner may admit all evidence, which possesses probative value, including reliable hearsay. Evidence which is irrelevant, immaterial or which is unduly repetitious shall be excluded.

 

2118.6The failure of the subject officer and his or her representative to appear at the hearing, without good cause as determined by the complaint examiner, may be considered in the weighing of the evidence.

 

2118.7The failure of the complainant to appear at the hearing, without good cause as determined by the complaint examiner, may result in dismissal of the complaint by the Executive Director with the concurrence of a member of the Board.

 

2118.8The complaint examiner, upon a showing of good cause, may excuse such failure to appear. In such event, the hearing will be promptly rescheduled.

 

2118.9Examples of good cause for failure to appear include, but are not limited to:

 

(a)Sudden, severe illness or accident;

 

(b)Death or serious illness in the immediate family, such as spouse, partner, children, parents, siblings;

 

(c)Incarceration; or

 

(d)Inclement weather.

 

2118.10The hearing shall proceed in the following order:

 

(a)Opening the Hearing: The complaint examiner shall begin the hearing by briefly stating the complaint allegations and the procedural rules, including any additional rules.

 

(b)Opening Statement: The complainant, or his or her representative, shall make a short oral statement to the complaint examiner first. The subject officer, or his or her representative, shall follow.

 

(c)Presentation of Evidence and Witnesses: All witnesses shall be introduced and sworn in by the complaint examiner. The complainant shall present his or her witnesses first, and the subject officer may introduce witnesses second. Each party may introduce evidence as necessary during questioning of witnesses. Each party has the right to cross- examine witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination. All witnesses may be questioned by the complaint examiner.

 

(d)Closing Statements: At the close of the presentation of evidence, the complaint examiner shall provide each party with the opportunity for closing statements. The complainant shall proceed first and the subject officer shall follow.

 

(e)Closing of the Hearing. After closing statements, the complaint examiner may direct parties to submit final briefs and shall close the hearing. Final briefs shall not exceed ten (10) typewritten double-spaced pages unless the complaint examiner agrees in advance to accept a longer submission.

 

source

Final Rulemaking published at 49 DCR 8347 (August 30, 2002).