Section 6-B550. HEARINGS

 

550.1In any proceeding when a hearing is to be held, the Executive Director or any other authorized agent of the Board may meet with the parties to conduct one or more pre-hearing conferences to do any one or more of the following:

 

(a)Delineating the issues;

 

(b)Agreeing on such facts, matters, and procedures as will facilitate and expedite the case; and

 

(c)Exchanging lists of witnesses and exhibits.

 

550.2No statement or communication made during the course of a pre-hearing conference may be offered as evidence in the same or a subsequent proceeding except upon agreement by all parties.

 

550.3A party to a proceeding before the Board may be represented by a designated representative. The representative shall file a notice of appearance with the Board. Once a notice of appearance has been filed, the provisions applicable to a party under § 501.12 are applicable to a party’s representative.

 

550.4When a hearing has been directed by the Board or Executive Director, unless otherwise provided by these rules or directed by the Board, the Executive Director shall issue a Notice of Hearing to all parties to the proceeding at least fourteen (14) days prior to the scheduled date of the hearing. The hearing shall be conducted at the time and place specified in the Notice of Hearing and shall be open to the public.

 

550.5Postponements of hearings shall not be granted except for sufficient cause as determined by the Executive Director. Requests for postponements shall comply with §§ 501 and 561 and shall also meet the following requirements:

 

(a)Alternate dates for any rescheduled hearings shall be given; and

 

(b)The positions of all other parties regarding the postponement requested shall be ascertained in advance by the requesting party and set forth in the request.

 

550.6Except under extraordinary circumstances, no request for postponement shall be granted during the seven (7) days immediately preceding the date of a hearing.

 

550.7Any party intending to introduce documentary exhibits at a hearing shall make every effort to furnish a copy of each proposed exhibit to each of the other parties at least seven (7) days before the hearing.

 

550.8Where a copy of an exhibit has not been tendered to the other parties because it was not available prior to the opening of the hearing, a copy of such exhibit shall be furnished to each of the other parties at the outset of the hearing.

 

550.9One (1) copy of each documentary exhibit shall be submitted to the hearing examiner at the time the exhibit is offered in evidence at the hearing, unless otherwise requested by the hearing examiner.

 

550.10Objections to an exhibit shall be reserved until the exhibit is offered into evidence.

 

550.11Any party intending to call witnesses to testify at the hearing shall furnish a list of proposed witnesses to each of the other parties at least seven (7) days before the hearing. The party calling the witness is responsible for notifying the witness of the time and place of the hearing and, for witnesses who are employees of the District Government, so informing the representative of record for the District Government in the proceeding.

 

550.12Hearings shall be presided over by a Hearing Examiner, who is a representative of the Board. Hearing Examiners shall have full authority to conduct a hearing unless restricted by the Board.

 

550.13Hearing Examiners shall have the duty to conduct fair and impartial hearings, to take all necessary action to avoid delay in the disposition of proceedings, and to maintain order. Hearing Examiners shall have all powers necessary to that end including, but not limited to, the power to:

 

(a)Administer oaths and affirmations;

 

(b)Request the issuance of subpoenas;

 

(c)Rule upon motions;

 

(d)Compel discovery of evidence ruled competent, relevant and material and not cumulative;

 

(e)Regulate the course of the proceeding, fix the time and place of any continuance of a hearing or conference, and exclude persons from such hearings or conferences for contumacious conduct;

 

(f)Call and examine witnesses and introduce or exclude documentary or other evidence;

 

(g)Recommend to the Board dismissal of a case with prejudice based on a settlement agreement reached by the parties; and

 

(h)Take any other appropriate action authorized by statute, these rules, or the Board.

 

550.14All objections to evidence shall be raised before and presented to the Hearing Examiner. Any objection not made before the Hearing Examiner shall be deemed waived unless the failure to make such objection is excused by the Board because of extraordinary circumstances.

 

550.15Unless otherwise specified in the CMPA or in these rules, a party with the burden of proof shall carry that burden by a preponderance of the evidence.

 

550.16In hearings before Hearing Examiners, strict compliance with the rules of evidence applied by the courts shall not be required. The Hearing Examiner shall admit and consider proffered evidence that possesses probative value. Evidence that is cumulative or repetitious may be excluded.

 

550.17The Hearing Examiner may impose procedural sanctions upon the parties as necessary to serve the ends of justice, including, but not limited to, the instances set forth below.

 

550.18If a party fails to comply with an order for the production of evidence within the party’s control or for the production of witnesses, unless for good cause, the Hearing Examiner may:

 

(a)Draw an inference in favor of the requesting party with regard to the information sought;

 

(b)Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought;

 

(c)Permit the requesting party to introduce secondary evidence concerning the information sought; and

 

(d)Strike any part of the pleadings or other submissions of the party failing to comply with such request that relate to the requested information.

 

550.19If a party fails to prosecute a cause of action, the Hearing Examiner may recommend that the Board or Executive Director dismiss the action with prejudice or rule against the defaulting party.

 

550.20The Hearing Examiner or Executive Director may refuse to consider any motion or other action which is not filed in a timely fashion in compliance with this section.

 

550.21If a hearing has been held, the Board may adopt the recommended decision of a Hearing Examiner to the extent that it is supported by the record, reasonable, and consistent with the Board’s precedent.

 

 

authority

Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code § 1-605.02(11) (2014 Repl.)).

source

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015).