2025.1 The official record of a disposition hearing shall include all of the following, if applicable:

1. (a) All evidence received of any kind, and records, documents, charts, and maps in the possession of the Agency of which the Board made use or took official cognizance;
2. (b) A statement of matters officially noticed, and any contest of that official notice by any party including any rulings on the matter by the presiding officer;
3. (c) Offers of proof, objections to offers of proof, and the rulings by the presiding officer on offers of proof, and any statements made by a party as to what the excluded evidence would have shown;
4. (d) Arguments of the parties or of counsel;
5. (e) The Boards findings of fact and conclusions of law; and
6. (f) All Agency memoranda, reports, or other data submitted to the Board, referred to by it, or requested by it from Agency personnel, either prior or subsequent to the issuance of the notice required by §2016.1 related to the subject disposition.

2025.2 The Agency shall introduce into evidence any related documents, exhibits, or testimony viewed or considered by the Board prior to the issuance of notice under §2016.1 and not introduced by any party. These materials shall be made a part of the official record.

2025.3 The record will be closed following the disposition hearing; Provided, that the record may be kept open for a stated period for the receipt of specific exhibits or information as directed by the presiding officer or Board.

2025.4 The official record shall be the sole and exclusive basis for decision by the Board except to the extent that official notice may be taken of a fact as provided in §2024.

SOURCE: Final Rulemaking published at 19 DCR 539, 564 (February 8, 1973).