D.C. Mun. Regs. tit. 17, r. 17-2939

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 17-2939 - CONDUCT OF HEARINGS

2939.1

A hearing before the Director under this chapter shall be open to the public.

2939.2

A respondent entitled to a hearing has the right to the following:

(a) To be represented by an attorney in accordance with § 2935;

(b) To present all relevant evidence by means of witnesses and books, papers, and other evidence;

(c) To examine all opposing witnesses on any matter relevant to the issues; and

(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other evidence, upon making a written request to the Director.

2939.3

In connection with any hearing held pursuant to this chapter, the Director has the power:

(a) To administer oaths or affirmations to witnesses;

(b) To subpoena respondents and other witnesses and relevant books, papers, and documents;

(c) To take testimony;

(d) To examine witnesses;

(e) To direct the continuance of any case; and

(f) To enter into a consent agreement.

2939.4

In proceedings before the Director, if any person refuses to respond to a subpoena or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of the Director, the Director may make application to the Superior Court of the District of Columbia for an order requiring obedience thereto.

2949.5

In a proceeding resulting from the Director's intended action to deny a license, the respondent has the burden of satisfying the Director of the respondent's qualifications.

2939.6

In a proceeding resulting from the Director's intended action to suspend, revoke, or refuse to renew a license, the Director has the burden of proving that such action should be taken.

2939.7

The Director shall make a complete record of all evidence presented during the course of a hearing and shall furnish copy to a party to the proceedings upon payment of the prescribed fee.

2939.8

The Director may grant a motion for a continuance which sets forth good cause for the request. The Director may deny any motion for a continuance which is not filed at least two (2) business days prior to the date of the hearing.

2939.9

After the hearing, and within time limits established by the Director, the parties may submit proposed findings of fact, conclusions of law, and order, and may also submit memoranda of law on issues law arising during the hearing.

D.C. Mun. Regs. tit. 17, r. 17-2939

Final Rulemaking published at 35 DCR 6630, 6651 (September 2, 1988)