D.C. Mun. Regs. tit. 17, § 2415
Electronic Notarial Seal
Authority: Section 32 of the Revised Uniform Law on Notarial Acts Act of 2018 (Act), effective December 4, 2018 (D.C. Law 22-189; D.C. Official Code § 1-1231.31); Section 3(k) of Mayor’s Order 97-177, dated October 9, 1997; and Mayor’s Order 2019-093, dated October 21, 2019. Source: §§ 23.1, 23.2, 23.3, 23.4, 23.5, and 23.6 of Regulation No. 73-13, approved May 24, 1973, as published at 19 DCR 1147 (June 11, 1973); as amended at 25 DCRR §§ 23.1, 23.2, 23.3, 23.4, 23.5, and 23.6; as amended by the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884 (February 13, 2015)); as amended by Final Rulemaking published at 69 DCR 012856 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 014646 (November 3, 2023).District of Columbia, Office of the Secretary
2415 HEARING PROCEDURES
2415.1 Each hearing before the Board shall be open to the public.
2415.2 At each hearing, at least a majority of the members of the Board shall be present to hear the evidence and render a decision.
2415.3 A person entitled to a hearing shall have the following rights:
- (a) The right to be represented by counsel;
- (b) The right to present all relevant evidence by means of witnesses and books, papers, and other documents;
- (c) The right to examine all opposing witnesses on any matter relevant to the issues; and
- (d) The right, upon making a written request to the Board, to have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other documents.
2415.4 The Chairperson of the Board shall have authority to do the following:
- (a) Place witnesses under oath and regulate the course of the hearing;
- (b) Rule upon offers of proof and receive relevant evidence;
- (c) Assign exhibit numbers for all written, documentary, and other tangible matter offered in evidence;
- (d) Hold conferences for simplification of the issues, secure admissions or stipulations, determine hearing procedures, and decide other matters that may aid in the conduct of the hearing;
- (e) Dispose of the procedural requests or similar matters including motions to order hearings reopened;
- (f) Call, examine, and cross-examine witnesses, and introduce into the record documentary or other evidence;
- (g) Request the parties at any time during the hearing to state their respective positions concerning any issue in the proceeding and theory in support of that position; and
- (h) Take any other action authorized by these rules or necessary under the provisions of this chapter.
2415.5 Nothing in this section shall preclude other members of the Board from cross-examining witnesses.
2415.6 In connection with any hearing held under this chapter, the Board shall have the power to do the following:
- (a) Request of the Mayor that counsel from the Office of the Corporation Counsel be appointed to represent the District in any case before the Board; Provided, that the Corporation Counsel alternate designated under §2411 may not be responsible to or subject to the supervision or direction of any person appointed as counsel pursuant to
this paragraph;
(b) Administer oaths or affirmations, either personally or through their designated agent, to witnesses called to testify;
(c) Subpoena respondents and other witnesses and relevant books, papers, and other documents;
(d) Take testimony and examine witnesses; and
(e) Direct continuance of any case without regard to the limitation of §2412.2.
2415.7 In proceedings before the Board, if any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, refuses to be examined, or refuses to obey any lawful order of the Board contained in its decision rendered after hearing, the Board may make application to the proper court for an appropriate order.
SOURCE: §§ 23.1, 23.2, 23.3, 23.4, 23.5, and 23.6 of Regulation No. 73-13, approved May 24, 1973, 19 DCR 1147, 1150 (June 11, 1973), 25 DCRR §§ 23.1, 23.2, 23.3, 23.4, 23.5, and 23.6.