1208 EVIDENCE

1208.1 Evidence shall be taken in conformity with Section 10(b) of the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-509(b) (2012 Repl.)).1208.2 The Presiding Member may permit rebuttal evidence.1208.3 Any party objecting to the admissibility of evidence shall state the grounds of the objection(s) relied upon.1208.4 A party may place on the record a statement summarizing any evidence excluded by the Presiding Member.1208.5 If excluded evidence consists of documentary evidence, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.1208.6 The Presiding Member, in his or her discretion, may receive into evidence certified copies of documents in place of the originals.1208.7 If a party is offering materials contained in a book or larger document, that party shall plainly designate the relevant portions. The remaining material contained in that book or document shall be excluded.1208.8 No document or other writing shall be accepted for the record after the close of the hearing, except with the consent of the Presiding Member after due notice to the opposing parties and only when the receipt of the document will not unfairly affect the interest of a party.1208.9 Witnesses may be examined or cross-examined by each member of the Board, or any party or the party's representative.1208.10 [Reserved]1208.11 The Presiding Member may admit hearsay evidence during an evidentiary hearing if the Presiding Member determines it will be relevant and material to the resolution of any factual issue in dispute in the matter before the Board.

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