D.C. Mun. Regs. tit. 1, r. 1-2818

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

Rule 1-2818 - VOLUNTARY DISMISSALS OF CASES

2818.1

The party initiating the case may move to dismiss the case at any time, and the Administrative Law Judge may grant the motion without waiting for a response from the opposing side.

2818.2

An opposing party who objects to the voluntary dismissal of a case may file a motion for reconsideration as provided in §§ 2830.

2818.3

The parties may file a joint motion for dismissal of a case with or without prejudice.

2818.4

Dismissal under this Section shall be without prejudice unless an Administrative Law Judge orders otherwise. A dismissal with prejudice may occur:

(a) If the party requesting dismissal has previously dismissed the claim;

(b) If the motion for dismissal is made pursuant to a settlement that does not specifically require dismissal without prejudice; or

(c) In order to prevent harm to the other side.

2818.5

For any pending case, the agency issuing the Notice of Infraction or Notice of Violation shall file a Notice of Voluntary Dismissal with OAH within five (5) business days of any of the following occurring:

(a) Payment of all fines cited in the subject Notice, and any applicable penalties, pursuant to an Admit plea submitted under §§ 2814.4;

(b) Any payment accepted in full satisfaction of all outstanding fines and penalties pursuant to settlement of the case; or

(c) Execution of a settlement agreement involving a waiver of outstanding fines and penalties.

2818.6

A Notice of Voluntary Dismissal filed pursuant to §§ 2818.5 shall reference one of the grounds above, if applicable.

2818.7

If a default order or Final Order is inadvertently entered by OAH due to an agency's failure to timely file a Notice of Voluntary Dismissal in accordance with this Rule, the agency shall file a Motion to Vacate in accordance with §§ 2830.11 within five (5) business days of service of the Final Order.

D.C. Mun. Regs. tit. 1, r. 1-2818

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); 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, 12555 (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)) .