D.C. Mun. Regs. tit. 4, r. 4-430

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

Rule 4-430 - DECISION AND ORDER

430.1

If the hearing was conducted by one or more hearing examiners who do not constitute the Hearing Tribunal:

(a) After consideration of any timely-filed post-hearing briefs, the hearing examiner(s) shall prepare and forward to the Hearing Tribunal a signed Proposed Decision and Order which shall include the following:

(1) A procedural summary;

(2) Proposed Findings of Fact;

(3) Proposed Conclusions of Law, with points and authorities; and

(4) A Proposed Order recommending the sustention or dismissal of any or all of the allegations of the complaint credited with probable cause;

(b) If sustention is recommended, the Proposed Decision and Order shall include a recommended order of remedy for the complainant in accordance with D.C. Official Code § 2-1403.13 (2001), and the Guidelines for Payment of Compensatory Damages and Attorney's Fees;

(c) The hearing examiner's Proposed Decision and Order shall be forwarded to the Hearing Tribunal within fifteen (15) calendar days after receipt of the parties' post- hearing briefs or, if no briefs are filed, upon expiration of the period established by the hearing examiner for the submission of briefs;

(d) The Chief of the Hearing Tribunal shall cause to be served on the parties, in the name of the Hearing Tribunal, the hearing examiner's Proposed Decision and Order together with notice that any party adversely affected may file written exceptions with the Hearing Tribunal within fifteen (15) calendar days of receipt of the proposed Decision and Order;

(e) The Hearing Tribunal shall prepare a signed Final Decision and Order which shall include the following:

(1) A procedural summary;

(2) Findings of fact;

(3) Conclusions of Law, with points and authorities; and

(4) An order sustaining or dismissing any or all of the allegations of the complaint credited with probable cause or remanding the complaint to the hearing examiner for further processing;

(f) If sustention is ordered, the Final Decision and Order shall include an order of remedy for the complainant in accordance with D.C. Official Code § 2-1403.13 (2001), and the Guidelines for Payment of Compensatory Damages and Attorney's Fees. The order shall be appealable in accordance with § 431;

(g) The Chairperson shall serve on the parties, in the name of the Commission, the Final Decision and Order of the Hearing Tribunal, together with notice that any party adversely affected may file a written application for reconsideration of the Final Decision and Order within fifteen (15) calendar days of receipt of the Final Decision and Order; and.

(h) The Final Decision and Order shall be served within fifteen (15) calendar days after receipt of the parties' exceptions to the hearing examiner's Proposed Decision and Order or, if no exceptions are filed, upon expiration of the period established for filing of exceptions.

430.2

If the hearing was conducted by the Hearing Tribunal sitting as hearing examiner:

(a) The Hearing Tribunal shall prepare a Final Decision and Order consistent with §§ 430.1(e) and (f);

(b) The Chief of the Hearing Tribunal shall cause to be served on the parties the Final Decision and Order pursuant to § 430.1(g); and

(c) The Final Decision and Order shall be served within fifteen (15) calendar days after receipt of the parties' post-hearing briefs or, if no briefs are filed, upon expiration of the period established by the Hearing Tribunal for the submission of briefs.

430.3

The order of remedy for the complainant may require the respondent to do any of the following:

(a) Cease and desist from unlawful discriminatory practices;

(b) Act affirmatively to correct the effects of practices found to be unlawfully discriminatory;

(c) Pay compensatory damages to the complainant;

(d) Pay reasonable attorney's fees to the complainant; or

(e) Reimburse the complainant for expenses incurred as a result of having resorted to the administrative process under the Act.

430.4

If at any time after the issuance of a Final Decision and Order requiring the payment of reasonable attorney's fees and expenses, and the parties are unable to stipulate as to the amount, either party may request a hearing as to the amount of the fees and expenses to be paid. The hearing shall be conducted by the hearing examiner who shall issue a Proposed Decision and Order setting out the amount of fees and or expenses to be paid. The Hearing Tribunal assigned to the case shall issue a Final Decision and Order. A request for a hearing under this provision shall not affect the appealability of a Final Decision and Order under § 431 of this chapter.

D.C. Mun. Regs. tit. 4, r. 4-430

Final Rulemaking published at 42 DCR 1429, 1450-52 (March 24, 1995)