3109 CONDUCT OF HEARINGS

3109.1 A general partner may represent the partnership at a hearing.3109.2 A director or officer of, or attorney for, a corporation may represent the corporation at a hearing.3109.3 A respondent shall have the following rights at a hearing:- (a) To appear and be heard in person or be represented by counsel;

- (b) To examine the respondent's own witnesses and cross-examine opposing witnesses;

- (c) To present all relevant evidence; and

- (d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant documents upon submission of a written request to an ALJ at least five (5) days prior to the hearing.3109.4 If a respondent denies an infraction, the Director shall have the burden of proving the infraction by a preponderance of the evidence.3109.5 All testimony shall be given under oath or affirmation.3109.6 Parties at a hearing shall make objections in a timely manner and shall briefly state the grounds relied upon.3109.7 At the conclusion of a hearing, the ALJ may hold open the hearing record for an appropriate period of time to allow for the production of additional documentary evidence or submission of briefs by the parties.3109.8 A party filing documentary evidence after the hearing but before the record has closed, shall serve a copy of the evidence on the opposing party.

SOURCE: Final Rulemaking published at 34 DCR 5718, 5727 (September 4, 1987).