4009 RULES OF EVIDENCE

4009.1 Evidence at a hearing may be any information presented to the hearing examiner to prove facts at issue, and may include the testimony of witnesses, records, documents, or other proof.

4009.2 Testimony or other evidence offered may be excluded from consideration by the hearing examiner if it is irrelevant, immaterial or unduly repetitious.

4009.3 All testimony and other evidence offered at a hearing, but excluded by the hearing examiner, shall be retained as part of the official record of the hearing or petition.

4009.4 All testimony and other evidence shall be given in accordance with the provisions of the D.C. Administrative Procedure Act.

4009.5 Each party shall have the right to present their case in person or through a representative, to submit rebuttal evidence, and to conduct such cross-examination as may be required for full disclosure of the facts at issue.

4009.6 The parties may stipulate as to any matter of fact, which shall satisfy a party's burden of proving that fact.

4009.7 During a hearing, a hearing examiner, on his or her own motion or on the motion of a party, may take official notice of the following:

(a) Matters of common knowledge;

(b) Any information contained in the record of the RACD; or

(c) Any information contained in the records of any federal or District agency, board or commission; provided, that all parties have been given notice of the hearing examiner's intention to do so and have been given an opportunity to show the contrary.

4009.8 Official notice taken of any fact shall satisfy a party's burden of proving that fact.

4009.9 If, after a hearing has been concluded, the hearing examiner takes official notice of information contained in public records, as described in this section, each party is entitled to be informed in writing of the fact found by the hearing examiner, and to be provided an opportunity to contest the fact(s) officially noticed before a decision is issued.

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1366-67 (March 7, 1986).