Section 7-130. HEARING PROCEDURES

 

130.1Hearings pursuant to section 2324(b) of the Act shall be conducted by an OHA ALJ who has been duly designated by the Mayor.

 

130.2The OHA shall set the time and place of the hearing, and shall mail or deliver in person written notices to the claimant and the Office of the Attorney General for the District of Columbia (OAG) at least ten (10) days prior to the hearing.

 

130.3The hearing shall, when practicable, be set at a time and place convenient for the claimant and the OAG.

 

130.4The ALJ may, and when so requested by the claimant or the OAG, afford the parties a prehearing conference to clarify the issues involved in the claim and, when necessary, shall postpone the hearing for this purpose.

 

130.5A hearing may be rescheduled or dismissed upon the oral or written request of the claimant and the OAG if the request is received by the ALJ assigned to conduct the hearing at least forty-eight (48) hours prior to the time of the hearing or at the option of the ALJ.

 

130.6In conducting a hearing, evidence may be presented orally or in the form of written statements and exhibits.

 

130.7All evidence available to the claimant and the OAG on the date of the hearing shall be presented to the ALJ at the time of the hearing.

 

130.8The ALJ, in his or her discretion, may leave the record open for a reasonable period subsequent to the hearing to receive any additional evidence prior to making a decision.

 

130.9The hearing shall be recorded and transcribed.  Upon request, a copy of the complete transcript shall be provided to all interested parties at cost as established by the OHA.

 

130.10If the claimant fails to appear at the time and place set for the hearing and does not, no later than ten (10) days after the time set for the hearing, show good cause for the failure to appear, the official record shall be closed.

 

130.11The ALJ shall fix the time within which he or she will receive evidence to reflect findings of fact and conclusions of law. 

 

130.12The ALJ shall then issue an order to reverse, modify, affirm, or remand a determination rendered by the claims examiner.

 

130.13The final decision shall be rendered within thirty (30) days after the hearing ends or the record closes, and then mailed or delivered to the claimant and the OAG at their last known address.

 

130.14The final decision shall put the claimant and the OAG on notice of their right to file an appeal from the ALJ's final decision.

 

authority

Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor’s Order 2004-198, effective December 14, 2004

source

Final Rulemaking published at 59 DCR 8766, 8802 (July 27, 2012).