D.C. Mun. Regs. tit. 5, r. 5-A8024

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

Rule 5-A8024 - RECOMMENDED AND FINAL DECISIONS

8024.1

The hearing officer shall submit a recommended decision to the Commission and the parties within sixty (60) days after the closing of the record.

8024.2

A recommended decision of a hearing officer shall contain:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

(c) A recommended order.

8024.3

The Commission may adopt the decision recommended by the hearing officer in whole or in part or may reject the recommended decision in its entirety.

8024.4

After receipt of a recommended decision the parties may submit, within time limits established by the Commission, proposed findings of fact, proposed conclusions of law, a proposed order, and memoranda of law.

8024.5

The Commission, within sixty (60) days after the date of the receipt of the recommended decision, shall render a final decision and notify the parties of the action.

8024.6

The Commission may, with the agreement of all parties, extend the sixty (60) day period in which it is required to render a decision.

8024.7

A final decision shall contain:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order, including any date for compliance; and

(d) A statement informing the respondent of the right to petition the District of Columbia Court of Appeals for review of the final decision pursuant to section 11 of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-502(10)) , and that, pursuant to Rule 15(b) of the Rules of the District of Columbia Court of Appeals, a petition for review must be filed with the District of Columbia Court of Appeals within no later than thirty (30) days after notice of the final decision has been given.

8024.8

The Chair of the Commission, or a duly authorized designee, shall sign the final decision, order, or other document of the Commission on behalf of the Commission; provided that the Commission by majority vote may designate another member to sign.

8024.9

Within five (5) days after a final decision is rendered, the Commission shall serve a copy of the written decision upon each party or the party's counsel of record.

D.C. Mun. Regs. tit. 5, r. 5-A8024

Notice of Final Rulemaking published at 58 DCR 2424, 2453 (March 18, 2011); corrected by Errata Notice published at 58 DCR 2676 (March 25, 2011)

Authority: The Education Licensure Commission (ELC) (Commission), pursuant to authority set forth in sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306(b)(3) and 38-1311 (2010 Supp.)), and Mayor's Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2010 Supp.)).