D.C. Mun. Regs. tit. 31, r. 2103

Current through Register 71, No. 45, November 7, 2024

Rule 2103 - POWERS AND DUTIES OF HEARING EXAMINERS

2103.1

All hearings shall be conducted by a hearing examiner. No other official, employee, agent, or counsel of the Department shall have authority to adjudicate contested cases before the Department.

2103.2

Hearing examiners shall conduct fair and impartial hearings, in a manner which ensures that facts are fully and accurately elicited and that all issues are adjudicated expeditiously so as to not create undue delay.

2103.3

Hearing examiners shall ensure that each hearing is conducted in an orderly manner, and shall have the authority to physically exclude from a hearing an appellant, respondent, or other individual who substantially interferes with or obstructs the orderly conduct of a hearing.

2103.4

Within thirty (30) days following the receipt of a request for a hearing pursuant to § 2106, OHE shall schedule a hearing and serve notice thereof upon the parties.

2103.5

Each hearing examiner shall have authority to:

(a) Administer oaths and affirmations;

(b) Examine witnesses and receive testimony;

(c) Rule upon offers of proof and receive evidence;

(d) Regulate the course and conduct of hearings;

(e) Rule upon motions and dispose of procedural requests and similar matters;

(f) Hear and decide questions of law and fact;

(g) Exclude information which is scandalous, impertinent, or not relevant to the adjudication of the matter;

(h) Issue a subpoena to compel a witness to testify; and

(i) Limit the evidence and number of witnesses to be heard, and the nature of testimony, to avoid cumulative evidence and to expedite the proceedings.

D.C. Mun. Regs. tit. 31, r. 2103

Final Rulemaking published at 64 DCR 7895 (8/11/2017)