630.1 Every person shall be competent to be a witness as to any material matter, unless the Administrative Judge finds that the proposed witness is incapable of:

(a) Expressing themself concerning the matter in a manner which can be understood by the Administrative Judge either directly or through interpretation by one who can understand the witness; or

(b) Understanding the duty of a witness to tell the truth.

630.2 Each District of Columbia government agency shall make its employees available to furnish sworn statements or affirmation or to appear as witnesses at depositions and hearings when the Administrative Judge requests. When providing statements or testimony, District employees shall be on official duty status.

630.3 Witnesses not employed by the District of Columbia government may be required to appear by subpoena at the cost of the moving party.

630.4 Witnesses shall have the right to representation when testifying.

SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2146 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022).