311.1 If the Board determines that there is a genuine issue of material fact which cannot be resolved on the written record, the Board may order an evidentiary hearing.

311.2 At the hearing, the Board shall receive from the parties probative evidence or relevant testimony under oath or affirmation. Direct and cross- examination of witnesses shall be allowed at the hearing.

311.3 The hearing shall be stenographically transcribed or electronically recorded. Stenographic transcriptions shall be arranged in accordance with Rule 211.5. Any party desiring a copy of the transcript shall be responsible for obtaining one at the party's expense.

311.4 At the conclusion of the hearing, the Board may order or permit the submission of proposed findings of fact and conclusions of law.

SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002).