§ 2-1403.12. Conduct of hearing.

Current through October 23, 2012

(a) The hearing shall be conducted in accordance with procedures promulgated pursuant to the Administrative Procedure Act (§ 2-501 et seq.).

(b) The case in support of the complaint shall be presented by an agent or attorney of the Office.

(c) Any Commissioner or hearing examiner, who has participated in the investigation, conciliation or processing of a complaint, or has participated in any decision related to the merits of a complaint, may not sit with a hearing tribunal appointed to make a determination upon such complaint.

(d) Efforts at conciliation by the Office, or the parties, shall not be received in evidence.

(e) If the respondent fails to answer the complaint, the hearing tribunal, or the hearing examiner designated to conduct the hearing, may enter the default and the hearing shall proceed on the basis of the evidence in support of the complaint. Such default may be set aside only for good cause shown, and upon equitable terms and conditions.

                
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(Dec. 13, 1977, D.C. Law 2-38, title III, § 312, 24 DCR 6038.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-2552.

1973 Ed., § 6-2292.

Legislative History of Laws

For legislative history of D.C. Law 2-38, see Historical and Statutory Notes following § 2-1401.01.