D.C. Mun. Regs. tit. 17, r. 17-1733

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

Rule 17-1733 - ADMINISTRATIVE APPEALS TO THE DIRECTOR OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE

1733.1

This section shall apply to appeals to the Director from decisions of Hearing Examiners by persons found to have committed an infraction involving a violation of an Act listed in § 3300.1 of this Title, rules promulgated pursuant thereto, or any other act regulating the person's occupation or profession, which decisions were made pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 to 2-1803.03) .

1733.2

A notice of appeal from a decision issued by a Hearing Examiner shall be sent to the address stated in the decision and shall be delivered or postmarked within fifteen (15) days from the date of service of the final decision.

1733.3

A notice of appeal of a decision shall include the following information:

(a) That an appeal has been taken;

(b) A copy or identification of the final decision from which the appeal has been taken;

(c) A concise statement indicating why the respondent believes the final decision is in error;

(d) The full name, street address, and the telephone number of the respondent and the respondent's counsel, if any; and

(e) The signature of the respondent of the respondent's counsel.

1733.4

Upon receipt of a notice of appeal, the Director shall promptly acknowledge receipt and compile and index documents pertinent to the appeal, including the following;

(a) A copy of the decision from which the appeal is taken;

(b) All documents relied on by a Hearing Examiner, including any relevant documents timely submitted to the Hearing Examiner by a respondent or by other parties to the proceedings; and

(c) A transcript or summary of all testimony given or statements made during any proceedings, conferences, or investigations concerning the matter in dispute, conducted by the Hearing Examiner before the filing of the notice of appeal.

1733.5

The Director shall transmit the notice of appeal and the documents described in §§ 1733.4(a) and (b) to the Director within ten (10) days of the Director's receipt of the notice of appeal. The Director shall transmit the transcript or summary described in § 1733.4(c) as soon as practicable after the transcript or summary is completed.

1733.6

The Director shall send the parties a copy of the Director's index of the record on appeal.

1733.7

The documents transmitted pursuant to this section, and any supplements thereto, shall be available for inspection by the parties at a location designated by the Director.

1733.8

The record may be shortened or summarized if all parties to the review proceedings so agree.

1733.9

The Director, on motion of a party, or on the Director's own motion, may require or permit a party to supplement the documents transmitted pursuant to this section.

1733.10

The Director may permit the parties to appear and present oral argument in accordance with such limitations as to time of argument or other restrictions as a he or she may prescribe.

1733.11

The Director acting pursuant to this section may affirm, modify, vacate, set aside, or reverse any order or decision of a Hearing Examiner.

1733.12

The Director may hold unlawful and set aside any order or decision of law of a Hearing Examiner that it finds to be:

(a) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(b) In excess of statutory authority or authority under this chapter;

(c) Without observance of procedures provided by statute or this chapter; or

(d) Unsupported by a preponderance of the evidence in the record of the hearing.

1733.13

A party may petition the Director or Hearing Examiner to reconsider its decision in accordance with § 1731 of this chapter.

D.C. Mun. Regs. tit. 17, r. 17-1733

Final Rulemaking at 50 DCR 9549 (November 14, 2003)