1103.1 Each hearing shall be open to the public.

1103.2 At each hearing, the hearing officer shall be present to hear the evidence.

1103.3 A person entitled to a hearing shall have the following rights:

1. (a) The right to be represented by counsel;
2. (b) The right to present all relevant evidence by means of witnesses, books, papers, and other documents;
3. (c) The right to examine all opposing witnesses on any matter relevant to the issues; and
4. (d) The right to have subpoenas, pursuant to §507 of the Act, D.C. Code, 2001 Ed. §48-905.07, issued to compel the attendance of witnesses and the production of relevant books, papers and other documents, upon written request for subpoenas to the hearing officer.

1103.4 The Hearing Officer shall have the following powers:

1. (a) To administer oaths or affirmations, either personally or through a designated agent, to witnesses called to testify;
2. (b) To subpoena respondents and other witnesses and relevant books, papers, and documents pursuant to §507 of the Act, D.C. Code, 2001 Ed. §48-905.07;
3. (c) To take testimony to examine witnesses; and
4. (d) To direct continuance of any case for good cause shown.

1103.5 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 hearing officer, the hearing officer may apply to the proper court for an order requiring compliance.

1103.6 The hearing officer shall follow the general rules of evidence applicable to administrative hearings under the District of Columbia Administrative Procedure Act, D.C. Code, 2001 Ed. §§2-501 to 2-510.

1103.7 The hearing officer shall exclude incompetent, irrelevant, immaterial, or unduly repetitious evidence or testimony.

1103.8 The hearing officer shall maintain order and shall not permit undue abuse or harassment of witnesses.

1103.9 The hearing officer may exclude testimony under the rules of privilege recognized by decisions of the courts of the District of Columbia or as provided by law, including, but not limited, to the following:

(a) Communication between attorney and client;

(b) Communication between physician and patient;

(c) Records and files of any official or agency of government which, by statute or otherwise, are recognized as confidential; and

(d) Privileged matter enumerated in §501(c) of the Act, D.C. Code, 2001 Ed. §48-905.01.

1103.10 All testimony shall be taken under oath.

SOURCE: Final Rulemaking published at 33 DCR 1046, 1058 (February 21, 1986).