D.C. Mun. Regs. tit. 1, r. 1-2805

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2805 - BEGINNING A CASE BY REQUESTING A HEARING

2805.1

Unless a statute or these Rules describe a different way to begin a case, a party seeking a hearing at OAH shall file a request for hearing in writing.

2805.2

The hearing request shall not have to follow any specific format. The Clerk's Office shall make blank forms to request a hearing available. A hearing request shall contain the following information:

(a) A short description of the dispute;

(b) A description of what the party wants the judge to do;

(c) Any key dates that are involved;

(d) A copy of any ruling or decision that is being disputed or appealed;

(e) The party's full name, mailing address, email address, and telephone number; and

(f) If known, the full name, mailing address, email address, and telephone number of every other party involved in the dispute.

2805.3

Parties shall pay close attention to any deadlines for filing hearing requests. The deadlines are set by statute, regulations, or agency rules other than these Rules, and not by OAH.

2805.4

Any hearing request to appeal a Child Support Services Division (CSSD) enforcement action shall include a copy of an Order of Condemnation, if any, or a copy of a CSSD notice describing the enforcement action.

2805.5

Any hearing request to appeal a proposed tax assessment, other than a proposed real property tax assessment, shall be filed with OAH and a copy served on the District of Columbia Office of Tax and Revenue. The hearing request shall state the type of tax (for example, personal, business, or franchise), tax year(s), and amount of tax appealed. The hearing request shall include a copy of the proposed tax assessment.

2805.6

Any hearing request to appeal a decision concerning a Certificate of Need shall be filed with OAH and a copy sent to the Director of the State Health Planning and Development Agency (SHPDA) in the Department of Health. SHPDA shall transfer the agency record of the proceedings to OAH within thirty (30) calendar days of service of the request for hearing.

D.C. Mun. Regs. tit. 1, r. 1-2805

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Emergency and Proposed Rulemaking published at 51 DCR 9322 (October 1, 2004) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 720 (January 28, 2005); as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12545 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .