D.C. Mun. Regs. tit. 26, r. 26-A3806

Current through Register 71, No. 45, November 7, 2024
Rule 26-A3806 - PUBLIC HEARINGS - PURSUANT TO THE HOLDING COMPANY SYSTEM ACT
3806.1

The provisions of this section shall only apply to hearings held pursuant to D.C. Official Code §§ 31-703(g)(1), (2) and 31-704(e) (2001 Ed.), unless otherwise indicated. Other provisions of these rules, shall apply to hearings held pursuant to the Holding Company System Act of 1993, effective October 21, 1993 (D.C. Law 10-44, D.C. Official Code § 31-701 et seq). [a5]

3806.2

The Commissioner shall publish an official Notice of Public Hearing in the District of Columbia Register, not less than thirty (30) days prior to the commencement of the public hearing.

3806.3

A Notice of Public Hearing shall contain the following information:

(a) A statement summarizing the subject matter of the proceedings, including the issues involved and applicable statutes and rules; and
(b) That the Commissioner has scheduled a public hearing on the matter, setting forth the date, place and time of the public hearing.
3806.4

The Commissioner, in his or her discretion, may order the petitioner making a filing pursuant to D.C. Official Code §§ 31-703 or 31-704 (2001 Ed.) to place the Notice of Public Hearing in a newspaper of general circulation, not less than thirty (30) days prior to the commencement of the public hearing, at the petitioner's expense.

3806.5

If more than one day of hearings is held and there are less than thirty (30) days between the first and second hearing dates, the Commissioner shall not be required to publish more than one Notice of Public Hearing. The Commissioner shall either publish the date of any subsequent hearing to be held within thirty (30) days of the first hearing in the Notice of Public Hearing or notify the parties of the subsequent hearing date on the record during the first public hearing.

3806.6

A person filing the statement pursuant to D.C. Official Code §§ 31-703 or 31-704 shall be a "party" as defined in D.C. Official Code § 502(10), and shall have all of the rights afforded to such persons by the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1203, Pub. L. 90-614).

3806.7

A person desiring to participate in a hearing as permitted by D.C. Official Code § 31-703(g)(2) (2001 Ed.) shall file a motion to intervene with the Commissioner. The motion to intervene shall include:

(1) the name and address of the person or organization;
(2) an explanation of how the person or organization is or may be affected by the pending matter, and any relief sought;
(3) a statement summarizing the issues, laws, and any other matters that will be pursued during discovery or covered at the hearing; and
(4) a statement explaining why the person's or organization's interests would not be adequately represented by the parties that are already participating, including the Department. A copy of the motion to intervene shall be served on all parties.
3806.8

A party opposing a person's motion to intervene pursuant to § 3806.3 shall file a written objection, setting forth the grounds for its objection, no later than three (3) business days after service of the letter requesting the right to participate. [a6]

3806.9

The Commissioner or the designated hearing officer may issue a case management order prior to the hearing. The order may include deadlines for completing discovery, the consolidation of parties and issues, limitations or conditions on the scope of discovery, and any other reasonable provisions reasonably calculated to promote an orderly and efficient hearing process.

3806.10

The Commissioner or the designated hearing officer may permit any person that does not want to intervene as a party to offer an oral or written statement at the hearing, which shall be made part of the official record. The Commissioner or the designated hearing officer may reasonably restrict the length of any oral statement made at the hearing. If the Commissioner or designated hearing officer determines that an oral statement is irrelevant, immaterial or unduly repetitious, he or she may further restrict the time allowed to a speaker.

D.C. Mun. Regs. tit. 26, r. 26-A3806

Final Rulemaking published at 50 DCR 6433(August 8, 2003)