628. BURDEN OF PROOF

628 WITNESSES 628.1 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 himself or herself concerning the matter so as to 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. 628.2 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 requested by the Administrative Judge. When providing such statements or testimony, witnesses shall be on official duty status. 628.3 Witnesses not employed by the District of Columbia government may be required to appear by subpoena at the cost of the moving party. 628.4 Witnesses shall have the right to representation when testifying. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).