1036 OFFICIAL NOTICE

1036.1 Without limiting in any manner or to any extent the discretionary powers of the examiner to notice other matters or documents which are properly the subject of official notice, the following facts are officially noticed in all proceedings under the provisions of this chapter:

1. (a) Matters which the courts of the District of Columbia find judicially cognizable;
2. (b) Matters of generally recognized technical or specialized facts within the knowledge and experience of the examiners of the Department; and
3. (c) Facts contained in the records and files of the Department.

1036.2 Any fact contained in a document belonging to a category enumerated in § 1036.1 shall be considered to have been physically incorporated into and made part of the record in any proceeding.

1036.3 All parties to a proceeding shall be notified either before or during the hearing, or by reference in preliminary conferences, reports or otherwise, of the material noticed, including any Departmental memoranda or data, and they shall be afforded an opportunity to contest the material so noticed.

1036.4 Where the decision of the examiner rests on official notice of a material fact not appearing in the evidence in the record, any party shall, upon filing a motion within ten (10) days after notice thereof, be afforded a reasonable opportunity to offer evidence to the contrary.

1036.5 When a motion to offer evidence is filed, under § 1036.4, the examiner's decision is suspended, and, if the party's permit was suspended or revoked by the decision, he shall be issued, upon request, a temporary permit pursuant to § 1005.

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001).