At the conclusion of the hearing, the Chairperson shall recess the proceedings so that the hearing panel may consider the matter. The Chairperson shall have no vote in the decisions of the hearing panel. Thereafter, the Chairperson may announce the decision orally or the hearing panel may direct the Chairperson not to announce a decision until its decision is submitted in writing at a later date.
Following a decision by the hearing panel adverse to the interest of the petitioner, brief argument may be heard regarding appropriate sanctions. The representative of the Office may submit information to the hearing panel relative to the question of sanctions and the petitioning party may be heard in mitigation. Following such testimony and argument the Chairperson shall recess the proceedings so that the hearing panel may consider the matter. The hearing panel may, upon having reached a conclusion as to the appropriate sanction to be imposed, direct the Chairperson to announce the decision orally or the hearing panel may direct the Chairperson not to announce the sanctions imposed until they are submitted in writing at a later date.
Regardless of whether or not the decision and sanctions, if any, are announced orally, a copy of the decision and sanctions, if any, shall be given to each party or to his or her attorney of record.
The decision shall include a statement of findings of fact and conclusions of law.
The findings shall incorporate basic facts upon which conclusions are based. Mere conclusive assertions or summaries of evidence shall not be sufficient for use as a basis for findings of fact within the meaning of this section.
No decision shall be made by the hearing panel except upon consideration of the entire record of the proceeding, or upon such portion of the record of the proceeding as may be agreed upon by all the parties to the proceeding, and no evidence, information, or other knowledge (other than official notice of a material fact not appearing in the evidence in the record but taken cognizance of in accordance with § 349 brought to the attention of the hearing panel) shall be considered.
In any proceeding in which evidence is taken, the record shall include, wherever applicable, all of the following:
If the party is affiliated with an association or fleet, the Chairperson on behalf of the hearing panel shall promptly give notice to such association or fleet of its findings and decisions. If the party is an independent operator, the Chairperson on behalf of the hearing panel shall promptly give notice to such person's insurance company of its findings and decision.
The decision and order shall be sent when it is complete to the party or parties at his or her or their last known address or addressees by certified mail, return receipt requested, and, within ten (10) days thereafter, by regular mail, first class postage prepaid. For the purposes of motions filed pursuant to § 354 or for judicial review, receipt of the mailing will be deemed to occur on the date the return receipt is signed in the case of certified mail, return receipt requested, and five (5) days from the date of mailing in the case of regular first class mail.
The Office shall, once each month, prepare a list of persons found by the hearing panels to have committed offenses. This listing shall be posted in the Office of the Commission and shall be publicly disseminated.
D.C. Mun. Regs. tit. 31, r. 31-353