D.C. Mun. Regs. tit. 1, r. 1-503

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

Rule 1-503 - PROCEDURE FOR APPEAL, CROSS APPEAL, AND STAY PENDING APPEAL

503.1

An appeal shall be taken by filing an original and three (3) copies of a written notice of appeal with the Board of Appeals and Review, 441 4th Street, N.W., 5th Floor South - Suite 540, Washington, D.C. 20001.

503.2

An aggrieved person, owner of the property, or licensee shall file the notice of appeal with the Board within fifteen (15) days after service of the notice of the act, decision, or order with respect to which the appeal is filed. Filing may be accomplished by mail, but filing shall not be deemed timely unless the notice of appeal is received by the Board within the prescribed period.

503.3

A notice of appeal shall include the following information:

(a) That an appeal or cross-appeal is taken;

(b) The copy of or a description of the act, decision, or order from which the appeal or cross-appeal is taken;

(c) A concise statement indicating why the appellant or cross-appellant believes the act, decision, or order is wrong;

(d) The printed full name, address, and telephone number of the appellant or cross-appellant and his or her attorney, if any;

(e) The signature of the party filing the appeal or cross-appeal, or the signature of that party's official representative or attorney; and

(f) A certificate of service showing the method by which and the date on which service of a copy of the notice of appeal or cross-appeal was made on all other parties separately represented, including any agency of the District government involved in the matter appealed or cross-appealed.

503.4

If a timely notice of appeal is filed by a party, any other party to the proceeding may file a notice of cross appeal within seven (7) days after service of the notice of appeal, or within fifteen (15) days after service of the notice of the challenged act, decision, or order, whichever period last expires.

503.5

The timely filing of a notice of appeal shall not operate to stay the challenged action, decision, or order of the Director.

503.6

Application for a stay of an action, decision, or order of the Director shall ordinarily be made in the first instance to the Director.

503.7

A motion for a stay filed with the Chairperson shall state that an application for a stay to the Director is not practicable, or that the Director has denied an application for a stay.

503.8

The applicant shall state in the motion the reasons supporting the granting of a stay and the facts relied upon. If the facts are subject to dispute, the motion shall be supported by affidavits or other sworn statements or copies.

503.9

The applicant shall attach a copy of the action, decision, or order sought to be stayed to the motion.

503.10

The applicant shall serve a motion for a stay on all other parties in accordance with § 514, except that personal service on all parties is required if a ruling is requested prior to the expiration of the normal time for responses to be filed. Alternatively, the applicant shall state why personal service is not feasible.

503.11

The Chairperson shall grant a stay only upon good cause, which shall involve a consideration of the likelihood of error by the Director, irreparable harm to the applicant, the harm to other parties, and the public interest.

503.12

If a stay is granted, the Chairperson may impose reasonable conditions necessary to prevent irreparable injury.

D.C. Mun. Regs. tit. 1, r. 1-503

Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2937-39 (May 16, 1997)