Subchapter B: Hearing Procedure

1221. Hearing

(1) A hearing examiner shall conduct a hearing to determine whether the individual adjustment petition should be granted. The hearing examiner shall have the following powers with respect to cases assigned to him/her:

(A) to administer oaths and affirmations;

(B) to grant requests for subpoenas and to order the production of evidence;

(C) to rule upon offers of proof and receive evidence;

(D) to regulate the course of the hearing and rule upon requests for continuances;

(E) to call, examine, and cross-examine witnesses, and to introduce evidence into the record;

(F) to decide the petition administratively without a hearing if no hearing is requested by the petitioner, the responding party fails to timely file objections, and the record is sufficient to render a decision on the petition without hearing live testimony;

(G) to make and file decisions on petitions in accordance with this Chapter;

(H) to take any other action that is authorized by this Chapter.

(2)  It is the policy of the Rent Board that all petitions and objections be decided on their merits, consistent with due process of law and orderly administrative procedures. The regulations of this Chapter are intended to insure that each party is given notice of the grounds for a petition and all objections thereto in advance of the hearing so that all parties will be prepared to present their case at the hearing.  Accordingly, the hearing shall be limited to the issues raised by the petition and the objections filed thereto, unless the hearing examiner determines that, in the interest of fairness, additional issues or objections should be considered and thereafter takes all necessary steps to insure that all parties have a full and fair opportunity to respond to new issues, objections or evidence.

[Amendment effective January 8, 2000]