D.C. Mun. Regs. tit. 6, r. 6-A2123
If the Chief of Police finds that the merits determination clearly misapprehends the record and is not supported by substantial, reliable, and probative evidence in the record, the Chief of Police shall return the merits determination to the Executive Director for review by a final review panel. This request must be received within forty- five (45) days of the merits determination being sent to the Chief of Police.
The final review panel shall be comprised of three complaint examiners selected by the Executive Director, and shall not include the complaint examiner who prepared the original merits determination.
The final review panel shall review the complete record without taking any additional evidence and shall issue a written decision within thirty (30) days from assignment, with supporting reasons, regarding the correctness of the merits determination.
The final review panel shall uphold the merits determination as to any allegations of the complaint unless it concludes that the determination regarding the allegation clearly misapprehends the record and is not supported by substantial, reliable, and probative evidence in the record.
A copy of the final review panel's decision shall be transmitted to the Executive Director, complainant, subject officer(s) and the Chief of Police.
If the final review panel finds that the merits determination sustaining one or more of the allegations should be reversed in whole, the Executive Director shall dismiss the complaint and notify the Chief of Police and parties to the complaint in writing.
If the final review finds that the merits determination sustaining one or more of the allegations should be upheld in whole or in part, then the upheld allegations will be sent in writing to the Chief of Police for action in accordance with § 2122.4. The parties will also be notified of the decision in writing.
D.C. Mun. Regs. tit. 6, r. 6-A2123