D.C. Mun. Regs. tit. 1, r. 1-2816

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

Rule 1-2816 - INVOLUNTARY DISMISSALS AND DEFAULTS

2816.1

Except as provided in §§ 2816.2, if the party initiating a case fails to comply with an Administrative Law Judge's order or these Rules or otherwise fails to prosecute the case, the Administrative Law Judge may, on his or her own motion or on the motion of the opposing party, dismiss all or part of the case. Dismissal shall ordinarily be with prejudice unless the Administrative Law Judge finds good cause to dismiss without prejudice.

2816.2

Dismissals for defective service shall be without prejudice, unless the Administrative Law Judge decides otherwise.

2816.3

If an attorney, representative, or unrepresented party fails, without good cause, to appear at a hearing, the Administrative Law Judge may dismiss the case, enter an order of default, decide the case on the merits, or impose other sanctions.

2816.4

If an attorney, representative, or unrepresented party fails, without good cause, to appear at a prehearing or status conference or a mediation session, the Administrative Law Judge may determine the appropriate sanction, which may include dismissal or entry of default.

D.C. Mun. Regs. tit. 1, r. 1-2816

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Notice of final Rulemaking published at 57 DCR 12541, 12554 (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)) .