625. RECORDING AND TRANSCRIPTS

625 EVIDENTIARY HEARINGS 625.1 A party may request the opportunity for an evidentiary hearing to adduce testimony to support or refute any fact alleged in a pleading. 625.2 If the Administrative Judge grants a request for an evidentiary hearing, or makes his or her own determination that one is necessary, the Administrative Judge will so advise the parties and, with appropriate notice, designate the time and place for such hearing and the issues to be addressed. The Administrative Judge shall give due regard to the availability of the parties or their authorized representative(s) in designating the time and place of the evidentiary hearing. 625.3 Postponement of an evidentiary hearing will be allowed only upon good cause shown or upon agreement of the parties, with the concurrence of the Administrative Judge. Except in extraordinary circumstances, a motion for a postponement shall not be considered unless it is served and filed at least seven (7) calendar days in advance of the date designated for the evidentiary hearing. 625.4 Failure of a party to appear for an evidentiary hearing, unless excused by the Administrative Judge for good cause shown, before or after the fact, may be deemed to be a waiver by that party of all rights to participate further in the proceeding, and may be grounds for dismissal of the case or the imposition of other sanctions. 625.5 Hearings shall be open to the public, except that the Administrative Judge may order a hearing or any part thereof closed, where a closed hearing would be in the best interest of the employee, a witness, the public, or other affected persons. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).