MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES FOR DCPS, RENTAL HOUSING, PUBLIC BENEFITS, AND UNEMPLOYMENT INSURANCE CASES - DCPS STUDENT DISCIPLINE CASES - RECONSIDERATION


Published: 2016-04-29

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2904 DCPS STUDENT DISCIPLINE CASES – RECONSIDERATION

2904.1 Section 2828 of these rules shall not apply to DCPS cases. Any party may file a written motion to reconsider the findings of fact and conclusions of law no later than one school day of the date the decision is issued if DCPS has not issued a final notice of disciplinary action. A copy of any such motion must be served on the opposing party. The presiding ALJ shall decide the motion within one school day.

2904.2 If any party files a motion for reconsideration or for a new hearing the Administrative Law Judge may change the findings of fact and conclusions of law or grant a new hearing where substantial justice requires, or for any reason including, but not limited to, the following:

(a) The party filing the motion did not attend the hearing, has a good reason for not doing so, and states an adequate claim or defense;

(b) The findings of fact and conclusions of law contain an error of law;

(c) The findings of fact and conclusions are not supported by the evidence; or

(d) New evidence has been discovered that previously was not reasonably available to the party filing the motion.

2904.3 If the adult student or minor student’s parent or guardian did not receive actual notice of the hearing and DCPS has issued a final notice of disciplinary action, the adult student or minor student’s parent or guardian may file a request for reconsideration with DCPS and request that DCPS vacate the final notice and refer the case back to OAH for a hearing and to vacate the Findings of Fact and Conclusions of Law. When it decides such a request, DCPS may order a new hearing or DCPS may ask for OAH to decide whether to grant a new hearing.

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).