1203 NOTICE OF EVIDENTIARY HEARING

1203.1 A notice of hearing issued by the Board shall:

1. (a) Provide the time, date, and location of the hearing;
2. (1) Provide the names of the members of the Panel and identify the Presiding Member;
3. (2) Include as an attachment a copy of the Chief's information, if applicable;
4. (b) Reference applicable statutes, rules, or regulations;
5. (c) State the matters in dispute;
6. (d) Advise the parties that they may be represented by counsel or other representative of their choosing;
7. (e) Advise the parties that they may present oral testimony through themselves or witnesses and they may seek to have the attendance of a witness compelled by subpoena; provided, that the name of any witness to be presented by a party is submitted to the opposing party not less than ten (10) days prior to the date of the hearing;
8. (f) Advise the parties that they may present any relevant written or recorded statements made by the parties and any books, papers, documents, photographs, tangible objects, or other evidence which is in their possession for consideration by the Board; provided, that copies of such evidence is delivered to the opposing party not less than ten (10) days prior to the date of the hearing;
9. (1) Advise the parties that the Presiding Member may exclude witness testimony and/or any other evidentiary material that was not timely produced by the party who seeks to introduce it at the hearing.
10. (g) Advise the parties that any witness may be cross-examined by the opposing party or questioned by any member of the Board;
11. (h) Advise the parties that, pursuant to the Act, the burden of proof, the burden of production of evidence, and the burden of persuasion is on the appellant;

(i) Advise the parties that they may present rebuttal evidence within any limits established by the Presiding Member;

(j) Advise the parties that they may apply for the services of a qualified interpreter if they or a witness is deaf, hearing impaired, or cannot readily understand or communicate the spoken English language;

(k) Advise the appellant that failure to appear for the hearing may, absent good cause, result in the Board entering a dismissal of the appeal and sustaining the final action of the Chief;

(l) Advise the parties of the date, time, and location or manner of any pre-hearing conference; and,

(m) Advise the parties that, prior to the prehearing conference, if any, they may be ordered to submit joint stipulations of undisputed and/or disputed material facts, so as to narrow the issues to be addressed at the pre-hearing conference and evidentiary hearing, as well as to submit joint witness lists and joint exhibits.

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022).