D.C. Mun. Regs. tit. 21, r. 21-422

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

Rule 21-422 - FINAL DECISIONS

422.1

The hearing officer shall issue a final decision containing a concise statement of facts and conclusions of law.

422.2

The final decision shall include specific findings on each issue of fact and shall be based upon reliable, probative, and substantive evidence. Mere conclusory assertions or summaries of evidence shall not constitute a sufficient basis for findings or fact within the meaning of this Section.

422.3

The final decision of the hearing officer shall be based upon consideration of the entire record of the proceeding, and no evidence, information, or other knowledge, except that of which official notice is taken, shall be considered.

422.4

If the hearing officer rules in favor of the owner or occupant, and finds that the owner or occupant has made payments in excess of the amount due:

(a) The amount of the overcharge shall be credited to the account and applied first to any outstanding account balance.

(b) If after the adjustment and any outstanding account balance has been paid, the customer may request DC Water to issue a refund for any credit balance that remains.

(c) If after the adjustment and any outstanding account balance has been paid, the customer does not request a refund, any credit will remain on the account and applied to future charges.

422.5

If the hearing officer rules in favor of the DC Water and finds that the owner or occupant has outstanding water and sewer charges, the owner or occupant shall be required to pay the difference between the amount in escrow, if any, and the amount of outstanding charges, penalties, interest, and fees within fifteen (15) days of the notice of the decision.

D.C. Mun. Regs. tit. 21, r. 21-422

Final Rulemaking published at 40 DCR 1300, 1318 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); amended by Final Rulemaking published at 68 DCR 13604 (12/17/2021)