MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES FOR DCPS, RENTAL HOUSING, PUBLIC BENEFITS, AND UNEMPLOYMENT INSURANCE CASES - RENTAL HOUSING CASES - REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER


Published: 2016-04-29

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2938 RENTAL HOUSING CASES – REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER

2938.1 Motions for reconsideration, a new hearing, or relief from a final order shall be decided according to the Rules found in Section 2828, except OAH Rule 2828.15 shall not apply in rental housing cases. In a rental housing case, an Administrative Law Judge should rule on any motion filed under this section within ninety (90) calendar days of its filing. If an Administrative Law Judge has not done so, the motion is denied as a matter of law. After a motion is deemed denied, the Administrative Law Judge, in his or her discretion, may issue a statement of reasons for denying the motion, but any such statement has no effect on the time for seeking judicial review or filing any other appeal.

2938.2 If any party files a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline specified in Subsection 2828.3, an Order will not be final for purposes of appeal to the Rental Housing Commission until the Administrative Law Judge rules on the motion or the motion is denied as a matter of law under Subsection 2938.1.

2938.3 Any motion for relief from final order has no effect on the deadline for appealing to the Rental Housing Commission. If an appeal has been filed, OAH has no jurisdiction to decide a motion for relief from final order absent a remand from the Commission for that purpose.

2938.4 If the motion has been denied as a matter of law under Subsection 2938.1, OAH shall send written notice to the parties.

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).