D.C. Mun. Regs. tit. 1, r. 1-513

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 1-513 - PETITIONS FOR RECONSIDERATION
513.1

A party may file a petition for reconsideration, rehearing, or re-argument within ten (10) days after the date of the service of the decision on that party. A party filing a petition shall serve a copy of the petition on each party separately represented. No answer to a petition shall be received unless requested by the hearing committee, but a petition will ordinarily not be granted in the absence of a request.

513.2

Neither the filing nor the granting of a petition shall operate as a stay of the decision unless specifically ordered by the hearing committee. A stay shall be granted only upon good cause, which shall involve a consideration of the likelihood of hearing committee error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

513.3

A petition shall state briefly and specifically the following:

(a) The matters of record or points of law alleged to have been erroneously decided or overlooked;
(b) The grounds relied upon; and
(c) The relief sought.
513.4

If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before the hearing committee.

513.5

The hearing committee in its discretion may permit or require oral argument upon a petition.

513.6

The hearing committee shall grant or deny a petition within forty-five (45) days after the filing of the petition, and failure by the hearing committee to act within that period shall be deemed a denial of the petition.

513.7

The decision granting or denying a petition shall be in writing, and shall be signed by the presiding member of the hearing committee. The Executive Officer shall serve copies of the decision on all parties or their attorneys of record.

D.C. Mun. Regs. tit. 1, r. 1-513

Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2952-54 (May 16, 1997)