D.C. Mun. Regs. tit. 31, r. 31-320

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

Rule 31-320 - GENERAL PROVISIONS REGARDING ADJUDICATORY PROCEEDINGS AND COMPUTATION OF TIME

320.1

The rules of procedure set forth in §§ 320 to 355 and 399 shall govern the following:

(a) The form, content, and filing of pleadings in cases heard by the Panel and by hearing panels;

(b) Any intraindustry complaints and disputes;

(c) The petitions for declaratory orders; and

(d) The final determination of the policy of the Commission or of the Office in any case in which the rights, duties, or privileges of any person are in issue.

320.2

In any case where the Act or Administrative Procedure Act provides a procedure inconsistent with this chapter, the Act or Administrative Procedure Act shall govern to the extent of such inconsistency.

320.3

If in any case the forms set out in §§ 328, 329, and 333 to 342 are found to be inappropriate, parties may devise forms substantially similar to those herein prescribed to meet such situations.

320.4

When, by notice given under §§ 320 to 358 and 399, or by order or decision of the Panel or a hearing panel, an act is required or allowed to be done at or within a specified time, the hearing panel for cause shown may, at any time in its discretion, do either of the following:

(a) With or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or

(b) Upon motion made after expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect and only then in extraordinary cases where the denial of an enlargement of time would operate to deny a person adversely affected thereby any opportunity to notice and hearing.

320.5

In computing any period of time prescribed or allowed by this §§ 320 to 358 and 399, by notice, order, or rule, of the Commission, Panel, or Office, or by statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.

320.6

The last day of the period so computed shall be included unless it is a Saturday, Sunday, or during the period of time described in § 302.2, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or during the period of time described in § 302.2.

320.7

Whenever a party has the right or is required to take action within the period prescribed by §§ 320 to 358 and 399, by a notice given thereunder, or by an order or regulation, the Panel or a hearing panel may, before the expiration of the prescribed period, with or without notice, extend the period; or, upon motion, permit the act to be done after the expiration of the specified period, where the failure to act is clearly shown to have been the result of excusable neglect.

D.C. Mun. Regs. tit. 31, r. 31-320

Final Rulemaking published at 34 DCR 6751, 6757 (October 23, 1987)