D.C. Mun. Regs. tit. 31, r. 31-325

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

Rule 31-325 - DISMISSAL OF HEARINGS

325.1

With the approval of the hearing panel at any time prior to the mailing of notice of the decision, a demand for a hearing may be withdrawn or dismissed upon motion of the party or parties filing the demand for the hearing.

325.2

A party may request a dismissal by filing a written notice with the Chairperson or orally stating the request at the hearing.

325.3

With the approval of the hearing panel, a demand for hearing may be dismissed upon its abandonment by the party or parties who filed it.

325.4

A party shall be deemed to have abandoned a demand for a hearing if neither the party nor his or her attorney appears at the time and place fixed for the hearing and, prior to the time for hearing, the party has not shown good cause why neither he or she nor his or her attorney can appear.

325.5

The hearing panel may, on its own motion direct the Chairperson, to dismiss a hearing demand, either entirely or as to any stated issue, under any of the following circumstances:

(a) Where the doctrine of res judicata is applicable because of a final decision either by the Department of Public Works, the Office, a hearing panel, or by judicial affirmance. Where the grounds asserted for a proposed revocation or suspension have been the subject of a trial and judgment by the Superior Court of the District of Columbia, and that judgment is in favor of the party demanding the hearing, the demand shall be dismissed, the proposal denied, and the license restored, without fee, unless there exists some other encumbrance on the license;

(b) Where the party demanding a hearing is not a proper party or does not otherwise have a right to a hearing;

(c) Where the party has failed to file a timely hearing demand pursuant to the provisions of this chapter, and the time for filing the demand has not been extended under the provisions of this chapter;

(d) Where a party who filed the hearing demand dies and there is no information before the hearing panel showing that an individual who is not a party may be prejudiced by the determination which is the subject of the demand for hearing; or

(e) Where the hearing panel, in its opinion, finds that a petition filed in any proceeding does not raise a question of fact or the claim or prayer is frivolous.

D.C. Mun. Regs. tit. 31, r. 31-325

Final Rulemaking published at 34 DCR 6751, 6763 (October 23, 1987)