D.C. Mun. Regs. tit. 6, r. 6-A2119

Current through Register Vol. 71, No. 39, September 27, 2024

Rule 6-A2119 - PRELIMINARY HEARING CONFERENCE

2119.1

If the complaint examiner determines that an evidentiary hearing is necessary, a preliminary hearing conference shall be scheduled within forty (40) days of his or her assignment to the matter. The conference may be conducted by telephone or in person and may include the parties or their designated representatives. Notice of such conference shall include the time, date and location of the conference and shall be sent to all parties and their representatives.

2119.2

Prior to the preliminary hearing conference, OPC shall make a copy of the report of investigation and related exhibits available to the complainant.

2119.3

The complaint examiner may permit discovery only in extraordinary circumstances. Depositions of parties or witnesses will not be permitted. The parties may, no later than seven (7) days prior to the preliminary hearing conference, submit to the complaint examiner requests for documents or tangible evidence that are reasonably believed to contain or reveal information directly relevant to the incident or incidents in question. Discovery of facts that pre-date the incident(s) in question and of facts relating solely to the character, credibility or motivation of any party or witness will not be permitted. The complaint examiner shall grant, modify or deny these requests at the preliminary hearing conference. Discovery requests filed less than seven (7) days before the preliminary hearing conference will be denied. Those in custody or control of documents or tangible evidence permitted to be discovered will furnish such items within ten (10) days after the preliminary hearing conference.

2119.4

At the preliminary hearing conference, the complaint examiner will determine which of the witness statements furnished will be added to the hearing record. The parties will designate those witnesses whose statements are made part of the hearing record they wish to cross-examine. The complaint examiner may also request the attendance of witnesses who he or she wishes to examine. Witnesses not subject to examination, as determined by the complaint examiner, are not required to attend the hearing.

2119.5

The complaint examiner shall accomplish the following objectives at the preliminary hearing conference:

(a) Facilitate the exchange of relevant information, including resolving discovery requests as provided in § 2119.3;

(b) Reach any stipulations of fact that will reduce the length and complexity of the hearing;

(c) Determine the authenticity of any documents;

(d) Determine which witness statements to add to the hearing record, which witnesses will testify at the hearing and to determine whether to permit subsequent witness statements to be submitted in light of any discovery permitted;

(e) Present, discuss, or resolve any matters as may aid in the orderly disposition of the proceeding or expedite the presentation of evidence;

(f) Set the time, date and location of the evidentiary hearing, which shall occur no more than sixty (60) days after his or her assignment to the matter; and

(g) Determine whether the complaint can be resolved through mediation or conciliation and to undertake either process if appropriate.

2119.6

If the parties resolve the complaint at this conference, the complaint examiner shall draft a written conciliation agreement and have both parties sign it. The agreement shall then be entered into the file and submitted to the Executive Director.

2119.8

Failure of a party to appear at the preliminary hearing conference may result in a decision against that party. The subject officer and complainant may request that their presence be waived provided an attorney or other representative is attending the conference on their behalf.

D.C. Mun. Regs. tit. 6, r. 6-A2119

Final Rulemaking published at 49 DCR 8347 (August 30, 2002); amended by Final Rulemaking published at 64 DCR 12677 (12/15/2017)