MAYOR AND EXECUTIVE AGENCIES - BOARD OF APPEALS AND REVIEW - RECORD ON APPEAL


Published: 1997-05-16

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505 RECORD ON APPEAL

505.1 Upon receipt of a notice of appeal the Executive Officer shall promptly acknowledge receipt, advise the Director of that receipt, and request the Director to compile, index, and transmit to the Board the originals or copies of all documents pertinent to the appeal, including the following:

(a) A copy of the decision or order from which the appeal is taken, together with any findings of fact and conclusions of law on which the act, decision, or order is based;

(b) All documents relied on by the Director, including any relevant documents timely submitted to the Director by the appellant or by other parties to the proceedings before the Director; and

(c) A summary (or a transcript, if any) of all testimony given or statements made during the course of any proceedings, conferences, or investigations concerning the matter in dispute, conducted by the Director prior to the filing of the notice of appeal.

505.2 Upon receipt of the documents transmitted pursuant to § 505.1, the Executive Officer shall designate a hearing committee and a presiding member, assign the appeal to the committee, and notify the parties of the assignment.

505.3 The Executive Officer shall provide all parties to the appeal a copy of the Director’s index of the record on appeal within ten (10) days after the Executive Officer receives the index.

505.4 The documents transmitted by the Director pursuant to § 505.1, as may be supplemented pursuant to §505.5, shall be available for inspection by the parties at the office of the Board.

505.5 On motion of one or more of the parties, or on its own motion, the Chairperson, consistent with the limitations set forth in § 505.8, may require or permit the Director, or one or more of the parties, to supplement the documents transmitted pursuant to § 505.1.

505.6 Any party objecting to the transmission of or to the failure to transmit a document pursuant to § 505.1 shall state specifically and in writing the ground for the objection, and shall file the objection prior to the commencement of the hearing. The Chairperson shall consider and rule on the objection prior to the consideration of the appeal by the hearing committee.

505.7 In appeals where the hearing committee conducts an evidentiary hearing or decides an appeal based on stipulated facts, the committee, in its discretion, may at any time prior to decision require a party to submit additional documentary or testimonial evidence, and shall afford other parties an opportunity to examine that evidence and to file with the committee written objections to its admissibility.

505.8 In appeals where a hearing committee decides an appeal without holding an evidentiary hearing, the record on appeal shall consist of the record developed before the Director or such other record as the parties may agree upon by written stipulation filed with the Board.

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2941-42 (May 16, 1997) .