Section 7-307. CONDUCT OF HEARINGS

 

307.1All hearings before a hearing examiner shall be conducted so as to ensure the protection of the substantial rights of the parties and the presentation of all relevant issues for consideration and incorporation in any decision.

 

307.2All facts used as the basis of a decision shall be clearly identified in the record.

 

307.3If any party fails without good cause to appear at the scheduled time of hearing, the hearing examiner may continue the hearing to another date and time or may order the taking of the testimony as is available and proceed with a determination of the appeal on the basis of the evidence then and there available; Provided, that all requirements imposed by the Act and this chapter are met.

 

307.4A case may be reopened by a party who did not attend a scheduled hearing only if the party gives written notice to the Director within ten (10) calendar days after the date of the hearing that his or her failure to attend the hearing was for reasons which constitute good cause, as determined by §316.4 of this chapter.

 

307.5A request for reopening received before the decision of the hearing examiner is mailed, shall be decided by the examiner before whom the case is pending.

 

307.6A request for reopening received after the decision of the hearing examiner was mailed to the party shall constitute an appeal to the Director, and the Director shall rule upon the request in connection with that appeal.

 

307.7Written notice of the request for reopening shall be given to each of the parties, and shall include the reasons for the request and a clear statement of appeal rights.

 

307.8If a request is allowed, the case shall be reopened, a new hearing shall be scheduled, and written notice of the new hearing shall be given to each of the parties.

 

307.9At any reopened hearing, each party shall be given the opportunity to object to the reopening.

 

307.10Each party shall have the right to do the following:

 

(a)To present an affirmative case or defense by oral and documentary evidence;

 

(b)To submit rebuttal evidence; and

 

(c)To conduct cross-examination as may be required for a full and true disclosure of the facts.

 

307.11An official record of each hearing shall be maintained in each case, including, testimony exhibits. It shall not be necessary to make a transcription of the proceeding.

 

307.12Upon request, any claimant (or the claimant's legal representative) shall be supplied with information from the record to the extent necessary for the proper presentation of the claim. The Director shall charge a fee to cover the cost for a transcription of a proceeding.

 

307.13Upon the written request of a party to an action, a subpoena may be issued pursuant to §13(a) of the Act to compel attendance of witnesses and the production of books, papers, correspondence, memoranda, or other records necessary for evidence in connection with a disputed claim.

 

307.14The parties to an appeal, with the consent of the hearing examiner to whom the case has been assigned, may stipulate the pertinent facts in writing. The hearing examiner to whom the case has been assigned, may stipulate the pertinent facts in writing. The hearing examiner may then decide the appeal on the basis of the stipulations or may set the appeal down for hearing and take further testimony.

 

307.15In accordance with §11(g) of the Act, witnesses (other than witnesses who are salaried employees of either the government of the United States or the District of Columbia) who are subpoenaed and who attend the hearing of any appeal shall be entitled upon application to receive five dollars ($5.00) for each day of attendance.