Summary of Hearing Procedures

All hearings are conducted in accordance with the procedures detailed in the District of Columbia Administrative Procedure Act, which is found in Title 2, Chapter 5, of the DC Official Code. The Docket Clerk oversees the scheduling of all hearings. Generally, evidentiary hearing dates are pre-scheduled for civil infractions charged pursuant to Title 2, Chapter 18, of the DC Official Code. The pre-scheduled hearing date and time appear on the Notice of Infraction. Occasionally, a pre-scheduled hearing date must be changed because of a conflict. If this occurs, you will be notified. An answer and a plea of Deny require that you appear for a hearing. Your answer must be timely filed or you will be assessed a statutory penalty as required by law. Additional information on answering and entering a plea to a Notice of Infraction can be found on the Notice of Infraction form. 

The Docket Clerk specially schedules evidentiary and other hearings for matters other than civil infractions. Appeals and requests for hearings in such matters must be timely filed with the Docket Clerk. It is very important to file hearing or appeal requests on time. If a party fails to do so, applicable law may limit or terminate the right to a hearing or appeal. 

An Administrative Law Judge will conduct the hearing. The hearing will be recorded, and you may obtain a copy of the recording after the hearing upon payment of a copying fee. In accordance with the presiding Judge's case management order, you may offer documents, photographs, other tangible evidence, and the testimony of witnesses (including yourself) at the hearing. You may also ask questions of witnesses offered by the Government or other parties, as regulated by the presiding judge. All persons giving testimony are required to swear or affirm to the truth of that testimony under penalty of perjury. 

An attorney may represent you or you may represent yourself. You may also ask the Administrative Law Judge to permit you to be assisted by a person other than an attorney. If you have an attorney, he/she must enter his appearance with OAH at least ten (10) calendar days prior to your hearing date unless otherwise ordered by the presiding judge. If properly requested, an Administrative Law Judge may issue a subpoena compelling the attendance of a witness and/or the production of documents at a hearing. For more information on how to request a subpoena, please review Form OAH-305. The Government or other Petitioner has the burden of proof in almost all cases coming before OAH. In deciding a case, the standard of proof that is generally applied by the Administrative Law Judge is whether the infraction or other charge or claim has been established by a preponderance of the evidence. This means that the evidence presented demonstrates that it is more likely than not that the Respondent(s) are liable for the charged infraction or other actionable conduct. 

In accordance with the Americans with Disabilities Act of 1990, disabled persons requesting a reasonable accommodation to participate in a proceeding should contact the Docket Clerk at (202) 442-9094 at least five (5) calendar days prior to the date of that proceeding. If you require a foreign language interpreter, please contact the Docket Clerk at least five (5) calendar days before the hearing and one will be provided. 

This document is a summary offered to assist parties appearing before the Office of Adjudication and Hearings. It is not a substitute for reviewing applicable laws, rules, and orders of the presiding Administrative Law Judge. If you have questions, or to ensure that you have the most current version of a form, rule, or guideline, please contact the Docket Clerk at (202) 442-9094. 

The District of Columbia Bar provides a list of organizations that state that they offer legal services to qualified persons for free or at a reduced cost. A copy of that list available from the Docket Clerk. 

If you have questions or to ensure that you have the most current version of a form, rule, or guideline, please contact the OAH Docket Clerk at (202) 442-9094.

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