District of Columbia Administrative Code

213 OFFICE OF TAXICABS 213.1 This office shall provide administrative support to the Panel. 213.2 This office shall provide, as requested, any information the Panel may identify to effectively carry out its duties and responsibilities. SOURCE: Final Rulemaking published at 34 DCR…

214 AMENDMENTS 214.1 Amendments to this chapter may be adopted at any duly convened meeting of the Panel by a majority vote of those present and voting. 214.2 Notice of the proposed amendments shall be provided to all members of the Panel at least thirty (30) days in advance of t…

215 [RESERVED] AUTHORITY: DC-DCMR Sections 8(c) (1), (2), (3), (4), (7), (10), (11), (14), (16), (18), (19) and (20), 14, 15, and 20j of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986, as amended by the Vehicl…

216 [RESERVED] AUTHORITY: DC-DCMR Sections 8(c) (1), (2), (3), (4), (7), (10), (11), (14), (16), (18), (19) and (20), 14, 15, and 20j of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986, as amended by the Vehicl…

217 [RESERVED] AUTHORITY: DC-DCMR Sections 8(c) (1), (2), (3), (4), (7), (10), (11), (14), (16), (18), (19) and (20), 14, 15, and 20j of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986, as amended by the Vehicl…

218 [RESERVED] AUTHORITY: DC-DCMR Sections 8(c) (1), (2), (3), (4), (7), (10), (11), (14), (16), (18), (19) and (20), 14, 15, and 20j of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986, as amended by the Vehicl…

219 CRITERIA AND PROCEDURES FOR RATE MAKING FOR THE TAXIMETER SYSTEM 219.1 Effective June 15, 2009, the Commission was delegated the Mayor’s authority to review and adjust rates (“rate making”) necessary for the implementation of the time and distance metered taxicab system (“tax…

220 GENERAL PROVISIONS CONCERNING RATE MAKING 220.1 The provisions of §§ 219, 220-256, and 299 shall govern rate making proceedings before the Panel. 220.2 Repealed. 220.3 Repealed. 220.4 All documents to be filed with the Panel shall be received in the Commission's office at 204…

221 COMMENCEMENT OF RATE MAKING PROCEEDINGS 221.1 A petition for rate making may be filed by any person. 221.2 The Panel, on its own motion or on the petition of any person, at any time, may order a formal investigation for matters described in § 220.1. 221.3 Orders initiating a …

222 INITIAL PLEADINGS 222.1 Each initial petition shall contain the following information: (a) The name and address of petitioner; (b) A clear and concise statement of facts upon which the petition is based and the position and interest of the petitioner in the matter; (c) A desc…

223 ANSWERS AND MOTIONS 223.1 Each party upon whom a copy of a petition has been served shall file an answer with the Secretary to the Panel within ten (10) days after service of that petition, or within such time as extended by the Panel, or within a lesser time fixed by the Pan…

224 INTERVENTION 224.1 Any person who is not named as a specific party in the pleadings initiating a proceeding, but who has a substantial interest in the proceeding, may petition the Panel for leave to intervene. 224.2 A petition for leave to intervene shall set forth the ground…

225 EX PARTE COMMUNICATIONS 225.1 No interested person shall, with respect to any case initiated pursuant to § 220, make, or knowingly cause to be made, to any member of the Panel, Office, or of the Commission, or personal assistant to a member of the Commission, any ex parte com…

226 OFFICE STAFF ROLES IN PROCEEDINGS 226.1 Unless otherwise provided by § 225 any person or participant in any proceeding is encouraged to confer on an informal basis with the staff of the Office with respect to any matters within the Commission's, Panel's, or Office's regulator…

227 APPEARANCES AND REPRESENTATION 227.1 In any proceeding, appearances and representations shall be as follows: (a) An individual, receiver, trustee, or official may appear in his or her own behalf; (b) A general partner of a partnership may represent the partnership; (c) An off…

228 CONDUCT DURING PROCEEDINGS 228.1 In addition to the requirements of § 225 any attorney who participates in any proceeding before the Panel shall comply with the rules of the Panel and shall adhere to the standards of ethical conduct required of attorneys before the courts of …

229 SUBSTITUTION OF PARTIES 229.1 In the event of the death of an individual party, or the dissolution or reorganization of a party other than an individual, the Panel, upon motion of a party or upon its own motion, may substitute the person succeeding to the rights and liabiliti…

230 FORM OF FORMAL PLEADINGS 230.1 Pleadings, briefs, and all other documents shall be typewritten, printed, or otherwise duplicated in permanent legible form upon paper eight and one-half inches (81/2 in.) wide and eleven inches (11 in.) long, and exhibits, except where impracti…

231 SIGNING AND VERIFICATION OF PLEADINGS 231.1 The original of each petition or amendment shall be signed in ink by each party. 231.2 If a party is a corporation, organization or association, the pleading shall be signed and verified by an officer or other designated employee. 2…

232 SERVICE OF PLEADINGS 232.1 Intervening petitions, answers, amendments, written motions, and all other pleadings shall be served by the parties on the same date that pleading is filed with the Panel. 232.2 When filed, these pleadings shall be accompanied by proof of service up…

233 NOTICE 233.1 Notice shall be served not less than ten (10) days before the hearing, order, or other proposed action of which the notice is required, except in those instances in which another period is allowable or specifically provided. 233.2 Notices shall be typewritten or …

234 COMPUTATION OF TIME 234.1 When, by notice given under §§ 220 to 256, and 299, or by order or decision of the Panel, an act is required or allowed to be done at or within a specified time, the Panel for cause shown may, at any time in its discretion, do either of the following…

235 FORMAL HEARINGS: GENERAL PROVISIONS 235.1 The Panel may order a formal public hearing in any proceeding in which it determines that a formal public hearing is necessary. 235.2 The notice of formal public hearing shall designate the time and place of the formal public hearing.…

236 PRE-HEARING CONFERENCE 236.1 The Panel shall give notice directing all parties to attend a pre-hearing conference. 236.2 At least five (5) calendar days before the pre-hearing conference, each party shall serve and file a statement of proposed issues and order of procedure wi…

237 SUBPOENAS 237.1 Subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence for the purpose of hearings or reviews may be issued by the Chairperson in substantially the same form as shown in Appendix 2-1. 237.2 Applications shall be i…

238 DEPOSITIONS 238.1 Any party desiring to take the deposition of a witness shall make application therefor in the form of a petition to the Chairperson, setting forth the reasons why the deposition should be taken, the name and residence of the witness, the time and place propo…

239 TELEPHONIC DEPOSITIONS 239.1 Any party, pursuant to the procedures of § 238 may request the Chairperson to authorize a telephonic deposition of a witness not readily available to appear in person or of a witness beyond the effective territorial jurisdiction of the courts of t…

240 INTERROGATORIES 240.1 Depositions may be taken and submitted on written interrogatories in substantially the same manner as oral depositions as described in § 238 and shall be permitted under similar circumstances by the Chairperson. One (1) copy shall be served on each party…

241 WRITTEN TESTIMONY 241.1 In addition to complying with the rules relating to pleadings, and unless otherwise ordered by the Panel, written testimony shall include the following: (a) A statement identifying the witness, including address and telephone number; (b) A statement of…

242 PARTIES WITH COMMON INTERESTS 242.1 Parties with common interests or positions are encouraged to align themselves to make joint oral and written presentations, including briefing and presentation of evidence. 242.2 Any alignment of parties shall be without prejudice to the ri…

243 STATUS CONFERENCES 243.1 Upon the motion of any party or upon its own motion, the Panel may convene a status conference. 243.2 Participants shall be prepared to discuss procedural and substantive matters involved in the proceeding, and shall be authorized to make commitments …

244 SETTLEMENT AND STIPULATION CONFERENCES 244.1 Not later than ten (10) calendar days prior to the time fixed for the first day of public hearings, all parties shall meet for the purpose of conducting a settlement and stipulation conference. This shall not preclude the parties f…

245 PRE-HEARING BRIEFS 245.1 Pre-hearing briefs shall be filed by each participating party and shall summarize the evidence to be presented by the party and its analysis of relevant legal and factual issues. 245.2 When submitted, pre-hearing briefs shall be filed and delivered no…

246 CONDUCT OF HEARINGS 246.1 Evidence shall be presented by those participating in the sequence set forth in the Order and Report on Pre-hearing Conference. 246.2 Continuances, extensions of time, and adjournments may be ordered by the Panel upon written motion of a party or upo…

247 EXHIBITS 247.1 All direct and rebuttal testimony shall be prepared in the form of written exhibits. 247.2 All revisions and corrections to case-in-chief and rebuttal exhibits shall be presented by way of replacement pages and submitted no later than three (3) business days pr…

248 ADMISSION OF EVIDENCE 248.1 The Federal Rules of Evidence as they have been construed by the courts of the District of Columbia shall be applied in hearings; provided, that the Panel may, after informing the parties of an intention to do so, relax those rules in any hearing w…

249 TRANSCRIPTS OF HEARINGS 249.1 An official court reporter designated by the Chairperson shall make an official transcript of the testimony taken. 249.2 After the close of the hearing this transcript, together with any exhibits, briefs, or other documents filed in the proceedin…

250 WITNESS FEES 250.1 Each witness who appears before the Panel pursuant to an order for deposition or subpoena, shall receive the same fee for attendance and mileage as is currently paid to witnesses by the District of Columbia Superior Court. 250.2 No witness subpoenaed by the…

251 POST-HEARING BRIEFS 251.1 Post-hearing briefs shall be filed at the times fixed by the Panel in each case. 251.2 The applicant shall brief all issues designated by the Panel in the Report and Order on Pre-hearing Conference and any other issues designated by the Panel during …

252 PROPOSED FINDINGS AND CONCLUSIONS 252.1 Each party to the proceeding, after the close of the record within the time prescribed for post-hearing briefs, or as otherwise directed by the Panel shall serve on all parties and file with the Panel proposed findings of fact and concl…

253 ORAL ARGUMENT 253.1 The Panel, in its discretion, may permit or require oral argument during or at the close of a hearing or on any brief, memorandum, motion, application, or petition filed. 253.2 Arguments on the admissibility of evidence or other oral argument during the co…

254 RECONSIDERATION 254.1 Any person affected by any final order or decision of the Panel may, within thirty (30) days after the publication of the order or decision, file with the Panel an application in writing requesting a reconsideration or modification of the matters involve…

255 ADVISORY OPINIONS 255.1 Any employee of the Commission or person may apply to the General Counsel for an advisory opinion as to the interpretation or applicability of any Commission, Panel, or Office rule or action. Advisory opinions requested in writing or rendered in writin…

256 WAIVER 256.1 The Panel may, in its discretion, waive any of the provisions of §§ 220 to 254 in any proceeding after duly advising the parties of its intention to do so. SOURCE: Final Rulemaking published at 34 DCR 6715, 6748 (October 23, 1987). AUTHORITY: DC-DCMR Sections 8(c…

299 DEFINITIONS 299.1 When used in this chapter, the following words and phrases shall have the meaning ascribed. Chairperson - the Chairperson of the Commission. Commission - the District of Columbia Taxicab Commission. Day - calendar days, unless otherwise expressly defined. Ex…

2000 FINES AND CIVIL PENALTIES 2000.1 The schedules of fines established in this section shall apply to all violations of Title 31. For violations of any provision of Title 31 for which a civil fine is not specified, the fine shall be $25 for operators and $100 for entities. 2000…

2100 APPLICATION AND SCOPE 2100.1 This chapter is intended to create the Office of Hearing Examiners (“OHE”) as an independent unit within the Department of For-Hire Vehicles, and to establish fair and consistent procedural rules for the hearing and adjudication of matters by OHE…

2101 EFFECT OF FAILURE TO APPEAL 2101.1 If an appellant or respondent fails to timely appeal an action taken by the Department enumerated in § 2100.4, the action shall become final and not subject to appeal. SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). Dis…

2102 INDEPENDENCE AND IMPARTIALITY OF HEARING EXAMINERS 2102.1 Hearing examiners shall be employees of the Department, but no hearing examiner shall be subject to the supervision, direction, control, or influence of an official, employee, agent, or counsel of the Department, exce…

2103 POWERS AND DUTIES OF HEARING EXAMINERS 2103.1 All hearings shall be conducted by a hearing examiner. No other official, employee, agent, or counsel of the Department shall have authority to adjudicate contested cases before the Department. 2103.2 Hearing examiners shall cond…