3134 EVIDENCE AT THE HEARING

3134.1 Testimony at a hearing shall be under oath or affirmation.

3134.2 If any part of the record in any other proceeding previously held before the Director, or part of the record in any criminal civil action, including hearings before any administrative agency, is offered in evidence, a certified true copy of that part shall be presented to the Director in the form of an exhibit, unless either of the following requirements is met:

1. (a) The record is described so that it may be readily identified, and the person offering the record agrees to supply copies; or
2. (b) The parties stipulate that the record may be incorporated by reference and the Director so orders.

3134.3 The Director shall exclude irrelevant, immaterial, and unduly repetitious evidence.

3134.4 The Director may take official notice, at the request of a party or on his own motion, of the following:

1. (a) The statutes and rules of the District of Columbia, the United States, or any state or other jurisdiction of the United States;
2. (b) Material facts in the files of the Department or other District of Columbia or federal agency; or
3. (c) A fact which is not subject to reasonable dispute in that it is generally known within the District of Columbia, or is capable of accurate and ready determination by resort to sources the accuracy of which cannot reasonably be questioned.

3134.5 If the Director takes official notice of a material fact not appearing in the evidence in the record, a party shall have an opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

3134.6 The parties may, by stipulation in writing filed with the Director, agree on any facts, or any portion thereof, involved in a hearing. The parties may also stipulate the testimony that would be given by a witness if the witness were present. The Director may require additional evidence concerning any matter covered by a stipulation.

3134.7 The District shall have the burden of proving its proposed action by a preponderance of the evidence.

3134.8

In a hearing pursuant to section 3125.3, the applicant shall have the burden of proving, by a preponderance of the evidence, that the applicant is qualified to be licensed or certified.

Source: Final Rulemaking published at 39 DCR 7853, 7872 (October 23, 1992).