MAYOR AND EXECUTIVE AGENCIES - BOARD OF APPEALS AND REVIEW - DECISIONS


Published: 1997-05-16

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512 DECISIONS

512.1 Hearing committee decisions shall be stated in writing and shall be signed by the presiding member of the hearing committee.

512.2 In cases involving an evidentiary hearing or a review based on stipulated facts, the hearing committee’s decision shall contain findings of fact, conclusions of law, and an order. Findings of fact shall be supported by reliable, probative, and substantial evidence.

512.3 In cases involving a review of the record established before the Director, the hearing committee’s decision shall contain conclusions of law and an order.

512.4 A hearing committee may not modify a monetary sanction imposed by the Director if that sanction is within the limits established by law or regulation.

512.5 The Executive Officer shall serve a copy of the decision on all parties or their attorneys of record: Provided, that in cases involving appeals of notices of violations issued by the Department of Consumer and Regulatory Affairs when, in the opinion of the hearing committee, the public interest requires a decision on an expedited or emergency basis, oral findings of fact, conclusions of law, and order may be communicated by the presiding member of the hearing committee to the parties.

512.6 Promptly thereafter, the hearing committee shall state its oral findings of fact, conclusions of law, and order in writing, and the presiding member shall sign the written decision. The Executive Officer shall then serve a copy of the written decision on all parties or their attorneys of record.

512.7 No decision of a hearing committee shall be considered final for the purposes of these rules until it is stated in writing and signed by the presiding member of the hearing committee.

512.8 In every case in which the Board is authorized to render a final decision after an evidentiary hearing, the decision shall be rendered within thirty (30) days from receipt of the transcript of the hearing for appeals from the Department of Public Works and the Metropolitan Police Department, within sixty (60) days from receipt of the transcript of the hearing for appeals from the Department of Consumer and Regulatory Affairs, and within ninety (90) days from receipt of the transcript of the hearing for appeals from the Department of Human Services. The findings of fact, conclusions of law, and order shall be made in writing and signed by the presiding member of the committee making the decision. The Executive Officer shall then serve a copy of the written decision on all parties or their attorneys of record.

512.9 In deciding appeals, a hearing committee shall not have the authority to refuse to enforce any statute, rule, or regulation of the United States or of the District of Columbia on the ground that it is repugnant to the Constitution of the United States.

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2951-52 (May 16, 1997).