§ 8-808 — Hearing examiners.

District of Columbia § 8-808

• Jurisdiction: District of Columbia
• Title 8: Environmental and Animal Control and Protection.
• Ch. 8: Litter Control Administration.

Text

(a) The Mayor shall appoint a chief hearing examiner and other hearing examiners needed to implement this chapter, and the administration of the hearing provided for in this section and in § 8-805 shall be regulated by the chief hearing examiner.

(b) The powers of hearing examiners shall include, but not be limited to, the following:

(1) To preside over hearings in contested matters arising out of the statutes and the rules referred to in § 8-802 and to do so in accordance with Chapter 5 of Title 2 ;

(2) To require the respondent to abate the violations;

(3) To charge civil fines, penalties, and abatement costs established in §§ 8-805(e) and 8-807 ;

(4) To agree to alternative sanctions, under § 8-807(e) and according to rules to be established under § 8-810 , so that the agreed to sanctions allow the respondent to perform voluntarily a specific number of hours of community service;

(5) To suspend or modify fines, penalties, and abatement costs;

(6) To set aside and reopen a final disposition upon application and for good cause shown; and

(7) To require the attendance of witnesses by subpoena, administer oaths, take the testimony of witnesses under oath, and dismiss, rehear, and continue cases.

(1) If a person refuses to obey a hearing examiner’s demand that the person testify or comply with a subpoena, the hearing examiner may request the Superior Court of the District of Columbia to compel the person to testify or to obey the subpoena.

(2) If the court consents to the hearing examiner’s request and compels the person to testify or to obey the subpoena, but if the person disobeys the court, then the person shall be in contempt of court, and the court may use its equity powers to compel the obedience of the person.

Legislative History

Mar. 25, 1986, D.C. Law 6-100, § 9, 33 DCR 781