Published: 2015-08-14

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1210.1 The Board may resolve an appeal through a summary disposition when the Board determines that the resolution of the appeal does not include a dispute concerning a material fact.

1210.2 If the Board determines that an appeal may be appropriate for summary disposition, the Board shall send a notice to the applicant that:

(a) Contains the materials submitted to the Board by the Chief;

(b) Advises the appellant that he or she has ten (10) days from receipt of the notice to submit any written argument to the Board, and serve a copy on the Chief, concerning:

(1) The existence of any material fact in dispute that would require an evidentiary hearing; and

(2) The appellant’s views on why the Chief’s exercise of discretion in denying the appellant’s application was arbitrary and capricious or was not supported by reliable, probative, and substantial evidence.

1210.2 Within ten (10) days after receipt of a written argument by the appellant, the Chief shall file with the Board, and serve a copy on the appellant, a written response on the issue of the presence of a dispute of material fact, and any rebuttal argument concerning the Chief’s exercise of discretion.

1210.3 After receipt of the Chief’s response, the Board may at its discretion conduct an informal hearing at which the parties may appear and present oral argument on issues identified by the Board.

1210.4 After receipt of the Chief’s response and the conclusion of any informal hearing, the Board shall meet and determine whether or not there is a dispute of material fact and, if they so find, issue a notice of a contested case hearing. If the Board determines there is not a dispute of material fact, then the Board shall issue a decision to sustain the final action of the Chief, reverse the action of the Chief, or modify the decision of the Chief, and also include in the decision the basis for its decision to proceed by summary disposition.

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015).