D.C. Mun. Regs. tit. 18, r. 18-1041

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 18-1041 - DECISIONS OF HEARING OFFICERS

1041.1

The examiner may announce his or her decision orally at the close of the hearing or he or she may decide not to announce it until rendering his decision in writing at a later date.

1041.2

Regardless of whether or not the decision is announced orally, a copy of the decision shall be given to each party or to his or her attorney of record.

1041.3

The decision shall include a statement of findings of fact and conclusions of law.

1041.4

The findings shall incorporate basic facts upon which conclusions are based. Mere conclusory assertions or summaries of evidence shall not be sufficient for use as a basis for findings of fact within the meaning of this section.

1041.5

No decision shall be made by an examiner except upon consideration of the entire record of the proceeding, or upon such portion of the record of the proceeding as may be agreed upon by all the parties to the proceeding, and no evidence, information, or other knowledge (other than a material fact not appearing in the evidence in the record but judicially noticed in accordance with D.C. Official Code § 50-2302.06 (d-1) and D.C. Official Code § 50-2303.06 (f-1)) brought to the attention of the examiner shall be considered.

1041.6

In any proceeding in which evidence is taken, the record shall include, wherever applicable, all of the following:

(a) Pleadings, motions, and rulings thereon, including objections or exceptions and the reasons for making such rulings;

(b) All evidence received of whatever kind, including records and documents in the possession of the Department of which the examiner made use or took official cognizance;

(c) A statement of matters judicially noticed, and any contest thereof by any party including any rulings thereon by the examiner;

(d) Offers of proof, objections thereto, and the rulings by the examiner thereon and. any statements made by a party as to what excluded evidence would have shown;

(e) Arguments of the parties or of counsel;

(f) The examiner's findings of fact and conclusions of law; and

(g) All staff memoranda, reports, or other data submitted to the examiner, referred to by him or her, or requested by him from other Departmental personnel.

D.C. Mun. Regs. tit. 18, r. 18-1041

Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014))

Authority: The Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)).