D.C. Mun. Regs. tit. 7 § 2505

Current through Register Vol. 71, No. 20, May 17, 2024
Rule 7-2505 - EVIDENTIARY HEARINGS; NOTICE
2505.1

Members referred for disability retirement benefits and former members seeking modification of disability retirement benefits shall be afforded an evidentiary hearing before the Board, unless this right is affirmatively waived in writing. The Board may decide all other matters based on the evidence in the case record without an evidentiary hearing.

2505.2

In the absence of a specific request by a member, former member, or applicant for a public hearing, evidentiary hearings and other proceedings before the Board shall not be open to the public.

2505.3

Applications or recommendations for retirement, continued eligibility, or relief may be considered at the earliest possible time following their date of submission to the Board.

2505.4

Persons whose cases are scheduled to be heard by the Board shall be notified of the date, time, and location at least fourteen (14) calendar days in advance of the hearing, except that thirty (30) calendar days' advance notice shall be given in the case of a hearing on the retiree's continued eligibility for disability annuity payments. Any person whose case is to be heard by the Board may waive the advance notice requirement, in writing, if they so desire.

2505.5

A hearing scheduled to be conducted by the Board shall not be delayed by a motion for a continuance unless the motion is made at least seven (7) calendar days before the date on which the hearing is scheduled to be held, excluding Saturdays, Sundays or legal holidays, and, in the opinion of the Chair, or their designee, the motion sets forth good and sufficient cause for the continuance.

2505.6

Whenever the Board takes testimony during a hearing, the witness shall provide their testimony under oath or affirmation administered by the Chair, Alternate Chair or Acting Chair.

D.C. Mun. Regs. Tit. 7, § 2505

Amended by Final Rulemaking published at 69 DCR 9515 (7/29/2022)