D.C. Mun. Regs. tit. 31, r. 31-349

Current through Register 71, No. 45, November 7, 2024
Rule 31-349 - OFFICIAL NOTICE
349.1

Without limiting in any manner or to any extent the discretionary powers of the Chairperson to notice other matters or documents which are properly the subject of official notice, the following facts are officially noticed in all proceedings under the provisions of this chapter:

(a) Matters which the courts of the District of Columbia find judicially cognizable; and
(b) Matters of generally recognized technical or specialized facts within the knowledge and experience of the Chairperson and the hearing panel.
349.2

Any fact contained in a document belonging to a category enumerated in § 349.1 shall be deemed to have been physically incorporated into any made part of the record in any proceeding.

349.3

All parties to a proceeding shall be notified either before or during the hearing, or by reference in preliminary conferences, reports or otherwise, of the material noticed, and they shall be afforded an opportunity to contest the material so noticed.

349.4

Where the decision of the hearing panel rests on official notice of a material fact not appearing in the evidence in the record, any party shall, upon filing a motion within ten (10) days after notice thereof be afforded a reasonable opportunity to offer evidence to the contrary.

349.5

When a motion to offer evidence is filed, under § 349.4, the Chairperson shall cause the hearing panel to promptly reconvene and consider the matter. Thereafter, the hearing panel shall resolve the issue promptly.

D.C. Mun. Regs. tit. 31, r. 31-349

Final Rulemaking published at 34 DCR 6751, 6784 (October 23, 1987)