1514.1 Any notice, order, pleading, or other document produced by any party, including WASA, pursuant to any enforcement action brought pursuant to section 8 of the Wastewater System Regulation Act, D.C. Code § 6-957, shall be served on all of the other parties to the action, by hand delivery or by first class mail as follows to the address of record of each party. The address of record for any party who has applied for, or been issued, a wastewater discharge permit pursuant to the Wastewater System Regulation Act, shall be the address specified on the permit application, unless that party provides written notice to WASA and any other party to the action that a different address should be used. The address of record for WASA shall be, Office of the General Manager - Administrative Enforcement Proceedings, D.C. Water and Sewer Authority, 5000 Overlook Ave, SW, Washington, D.C. 20032. The address of record for any other party shall be the address where the alleged violation occurred, unless that party provides written notice to WASA and any other party to the action that a different address should be used.

Service upon a party, or an attorney representing a party, shall occur at the time of hand delivery; or, if service is done by mail, by the date of the postmark on the envelope in which the document was sent, plus three business days.

1514.2 An answer to a Notice of Infraction and Proposed Order, shall be served on WASA, and any other party to the action, within 30 days after the date of service of the Notice of Infraction and Proposed Order. A response to any motion filed in an action shall be served on all the parties within 30 days after the date of service of the motion or other pleading. The hearing examiner may extend the 30 day deadline imposed by this section upon a showing of good cause by the party seeking the extension."

1514.3 Unless otherwise directed by the hearing examiner, every request to the hearing examiner for an order or other relief, except for the Proposed Order accompanying WASA's Notice of Infraction, shall be made by motion, in writing, except that motions made during a hearing may be made orally.

1514.4 The hearing examiner may decide a motion with or without a hearing.

1514.5 If a moving party fails to appear at a hearing on its motion, the hearing examiner may treat the motion as withdrawn, and the motion may be refiled only with the permission of the hearing examiner, upon a showing of good cause by the moving party. If the opposing party fails to appear at the hearing, the hearing examiner may treat the motion as conceded and grant the motion, except that the opposing party may request that the hearing examiner vacate the order granting the motion, upon a showing of good cause by the opposing party.

1514.6 All parties are encouraged to engage in voluntary discovery. Discovery may be obtained by any of the following methods:

(a) depositions upon oral examination or written questions;

(b) written interrogatories;

(c) requests for production of documents or other intangible things;

(d) requests to conduct site visits; and

(e) requests for admissions.

Response to requests for discovery shall be provided within 30 days unless the parties agree to a different deadline or the hearing examiner, upon motion by one of the parties and for good

cause shown, establishes a different deadline.

If a party fails to permit or provide discovery, an aggrieved party may file a motion to compel discovery with the hearing examiner.

1514.7 When determining whether to admit any material or testimony into evidence, the hearing examiner shall be guided by the rules of evidence applicable in civil proceedings in the D.C. Superior Court. If the hearing examiner concludes that the admission of evidence that would not be permitted by the court would be helpful to the determination of the matter before him or her, the hearing examiner may admit that testimony or material into evidence.'

SOURCE: Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000).