D.C. Code § 2-1831.03

Current through codified legislation effective September 4, 2024

Section 2-1831.03 - Jurisdiction of the Office and agency authority to review cases

(a) This chapter shall apply to adjudicated cases under the jurisdiction of the following agencies or arising pursuant to the following provisions of law:

(1) Department of Health;

(2) Department of Human Services;

(3) Board of Appeals and Review;

(4) Repealed;

(5) All adjudicated cases in which a hearing is required to be held pursuant to § 7-2108(a) and 7-2108(b), including licensing and enforcement matters arising under rules issued by the Child and Family Services Agency;

(6) All adjudicated cases required to be heard pursuant to §§ 8-802 and 8-902;

(7) Repealed;

(8) Repealed.

(9) Repealed;

(10) All adjudications involving infractions of subchapter II-A of Chapter 10 of Title 6 [§§ 6-1041.01 through 6-1041.09 ] and the rules promulgated under its authority.

(11) Repealed.

(b) This chapter shall apply to adjudicated cases under the jurisdiction of the following agencies or arising pursuant to the following provisions of law:

(1) Department of Employment Services, excluding private workers' compensation cases;

(2) Department of Buildings, except for those cases under the jurisdiction of the Real Property Tax Appeals Commission for the District of Columbia established in § 47-825.01 a;

(2A) Department of Licensing and Consumer Protection;

(3) Department of For-Hire Vehicles;

(4) All adjudicated cases of the Office of Tax and Revenue arising from tax protests filed pursuant to § 47-4312; and

(5) All adjudicated enforcement cases brought by the Historic Preservation Office, as defined in § 6-1102(6A), within the Office of Planning.

(b-1) This chapter shall apply to adjudicated cases arising under the jurisdiction of the Rent Administrator pursuant to § 42-3502.04.

(b-2) This chapter shall apply to all adjudicated cases involving:

(1) Repealed.

(2) The denial or revocation of a firearm registration certificate pursuant to § 7-2502.10;

(3) The denial or revocation of a dealer license pursuant to § 7-2504.06; and

(4) The imposition of a civil fine for violations of Chapter 10 of Title 7 [§ 7-1001 et seq.], pursuant to § 7-1007.

(5) A license to carry a concealed pistol pursuant to section 908 of the Firearms Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279; D.C. Official Code § 7-2509.08), including:

(A) Any appeal pending at the Concealed Pistol Licensing Review Board as of October 1, 2023; provided, that each such pending appeal shall be transferred to the Office for adjudication and re-docketed in accordance with the procedures of the Office; and

(B) Any motion for reconsideration of a decision issued by the Concealed Pistol Licensing Review Board prior to October 1, 2023, that is pending on or filed after October 1, 2023; provided that:

(i) Each such motion filed before October 1, 2023, with the Concealed Pistol Licensing Review Board shall be transferred to and adjudicated by the Office; and

(ii) Each such motion filed on or after October 1, 2023, shall be filed with and adjudicated by the Office.

(b-3) This chapter shall apply to adjudicated cases required to be heard pursuant to § 42-3141.06.

(b-4) This chapter shall apply to all adjudicated cases involving the impoundment of a vehicle pursuant to § 22-2724(a).

(b-5) This chapter shall apply to appeals pursuant to §§ 47-857.09 a and 47-859.04a.

(b-6) This chapter shall apply to all adjudicated cases involving the failure to report known or reasonably believed child sexual abuse pursuant to subchapter II-A of Chapter 30 of Title 22 [§ 22-3020.51 et seq.].

(b-7) This chapter shall apply to all adjudications involving the imposition of a civil fine for violations of § 48-1201.

(b-8) This chapter shall apply to appeals pursuant to § 2-218.63(g).

(b-9) This chapter shall apply to adjudicated cases under the jurisdiction of the District Department of Transportation.

(b-10) This chapter shall apply to adjudicated cases involving a civil fine or penalty imposed by the Higher Education Licensure Commission pursuant to § 38-1312 (a-1).

(b-11) This chapter shall apply to all adjudicated cases involving the reimbursement of emergency housing and relocation assistance arising pursuant to §§ 42-3531.09 through 42-3531.16.

(b-12) This chapter shall apply to all adjudicated cases that arise under subchapter IV of Chapter 5 of Title 32.

(b-13) This chapter shall apply to all adjudicated cases involving the modification, suspension, revocation, or denial of a permit issued pursuant to§ 8-1731.07, and all adjudicated cases involving the denial, revocation, or suspension of an authorization pursuant to § 8-2231.03.

(b-14) In addition to those cases described in subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5), (b-6), (b-7), (b-8), (b-9), (b-10), (b-11), (b-12), and (b-13) of this section, this chapter shall apply to all adjudicated cases relating to § 38-825.01 a and (6)(B)(i), and § 7-2051(e).

(b-15) This chapter shall apply to all adjudicated cases involving a formal complaint filed pursuant to § 7-761.13.

(b-16) This chapter shall apply to the following categories of adjudicated cases under the jurisdiction of the Department of Behavioral Health:

(1) The denial, suspension, conversion, or termination of a license or certification of a mental health rehabilitation services provider, substance abuse provider, or mental health community residence facility pursuant to 22-A DCMR § 3426, 22-A DCMR § 6305, or 22-B DCMR §§ 3106-3113;

(2) The imposition of a civil fine on a mental health community residence facility or mental health and substance abuse provider pursuant to Chapter 35 of Title 16 of the District of Columbia Municipal Regulations;

(3) The reduction, suspension, or termination of a supported housing subsidy pursuant to 22-A DCMR § 2218;

(4) The involuntary discharge, transfer, or relocation of a resident from a mental health community residence facility pursuant to § 44-1003.03;

(5) A non-Medicaid recoupment action against a mental health and substance abuse provider; and

(6) All adjudicated cases arising pursuant to § 7-1231.12(b)(4) granting a fair hearing to any party who is dissatisfied with the outcome of the external review of his or her grievance.".

(b-17) This chapter shall apply to adjudicated cases arising pursuant to the following provisions of Chapter 19 of Title 42:

(1) The rejection of condominium registration applications and public offering statements pursuant to § 42-1904.06(c);

(2) Temporary cease and desist orders from unlawful practices pursuant to § 42-1904.14;

(3) The revocation of condominium registration pursuant to § 42-1904.15; and

(4) Structural defect warranty claims pursuant to § 42-1903.16.

(b-18) This chapter shall apply to all adjudicated cases arising pursuant to the following provisions of Chapter 34 of Title 42:

(1) Any petitions for declaratory relief after a showing of reasonable grounds for a hearing pursuant to § 42-3405.03 a;

(2) The rejection of applications pursuant to § 42-3405.04;

(3) Temporary cease and desist orders from unlawful practices pursuant to § 42-3405.06; and

(4) The revocation of a certificate or registration pursuant to § 42-3405.07.

(b-19) This chapter shall apply to all adjudicated cases involving the enforcement of administrative civil penalties brought by the Department of Energy and Environment ("DOEE") pursuant to Chapter 18 of this title, or other law, and to appeals of orders issued by DOEE.

(b-20) This chapter shall apply to all adjudicated cases involving the denial or revocation by the Mayor, or the Mayor's designee, of a notary commission pursuant to 17 DCMR § 2410.

(b-21) This chapter shall apply to adjudicated cases arising pursuant to Chapter 4 of Title 4 and subchapter II of Chapter 20 of Title 7, involving:

(1) Child care eligibility determinations;

(2) The licensing and regulatory oversight of child care facilities, including the denial, refusal to renew, restriction, suspension, or revocation of a license; and

(3) Enforcement actions subject to civil infractions.

(b-22) This chapter shall apply to adjudicated cases involving:

(1) The contested residency status for a student attending District of Columbia Public Schools or District of Columbia public charter schools pursuant to Chapter 3 of Title 38;

(2) Invoice disputes over special education providers pursuant to 5-A DCMR § 2901; and

(3) The denial of a grant application, the termination of a grant, or other adverse enforcement action taken against a grantee related to a grant (including withholding of payment, suspension of funds, or disallowance of funds) administered by the Office of the State Superintendent of Education pursuant to § 38-2602(b)(18) and (29).

(b-23) This chapter shall apply to all adjudicated cases:

(1) Involving the attachment and levy of personal injury and workers' compensation settlement funds from insurers participating in the Child Support Lien Network when the assets are owned by a child support obligor who owes overdue child support pursuant to § 46-224;

(2) Occurring before any proposed denial, refusal to renew, or suspension of a driver's license and a car registration of a child support obligor by the Mayor, or the Mayor's designee, for the failure to comply with a subpoena or warrant relating to paternity or child support proceedings, or the failure to pay child support pursuant to § 46-225.01 (b-2); and

(3) Arising pursuant to § 46-226.03(c), involving the attachment and seizure of:

(A) Assets owned by a child support obligor held in a financial institution or held in a financial institution by another on behalf of the support obligor by the Child Support Services Division of the Office of the Attorney General, or its successor, in order to satisfy child support arrearages; or

(B) Any settlements, judgments, or other funds.

(b-24) This chapter shall apply to all adjudicated cases relating to the Address Confidentiality Program established by § 4-555.02.

(b-25) [Repealed.]

(b-26) This chapter shall apply to all adjudicated cases involving a violation of Chapter 27 of Title 34.

[(b-27)] Not Funded

[(b-28)] This chapter shall apply to all adjudicated cases involving a civil violation penalized under §35-254 (a).

(b-29) This act shall apply to all adjudicated cases authorized by sections 7071 and 7073 of the Revised Uniform Unclaimed Property Act of 2021, passed on 2nd reading on August 10, 2021 (Enrolled version of Bill 24-285).

(b-30) [Not funded.] This act shall apply to any appeals made pursuant to section 3(h)(2) of the Bedbug Control Act of 2022, passed on 2nd reading on November 1, 2022 (Enrolled version of Bill 24-142).

(b-31) This act shall apply to all adjudicated cases involving imposition of a civil fine for violations of An Act To enable the blind and the otherwise physically disabled to participate fully in the social and economic life of the District of Columbia, approved October 21, 1972 (86 Stat. 970; D.C. Official Code § 7-1001et seq.).

(c) Any agency, board, or commission not referenced in this section may:

(1) Refer individual cases to the Office, with the approval of the Chief Administrative Law Judge; or

(2) Elect to be covered by this chapter, subject to the approval of the Chief Administrative Law Judge and the Mayor, and upon such terms as the Mayor may set.

(d) Repealed.

(e) Nothing in this chapter shall be construed to grant a right to a hearing not created independently by a constitutional provision or a provision of law other than this chapter, except with regard to the discipline or removal of an Administrative Law Judge or the Chief Administrative Law Judge.

(f) Except as provided in subsection (h) of this section, no agency of the District of Columbia to which this chapter applies shall adjudicate adjudicated cases under the jurisdiction of the Office of Administrative Hearings or employ hearing officers, either full- or part-time, for the purpose of adjudicating cases under the jurisdiction of the Office.

(g) Any case initiated by, or arising from a decision or action of, an agency or a portion of an agency in receivership shall not be heard by the Office unless the receiver has entered a binding agreement that any order issued by the Office in the matter would have the same force, effect, and finality as it would if the receivership did not exist.

(h) Nothing in this chapter shall be construed to limit the authority of an agency referenced in this section, if the authority exists pursuant to other provisions of the law, to have an agency head or one or more members of the governing board, commission, or body of the agency adjudicate cases falling within its jurisdiction in lieu of the Office. This authority may not be delegated in whole or in part to any subordinate employees of the agency.

(i)

(1) A board or commission with authority to issue professional or occupational licenses may delegate to the Office its authority to conduct a hearing and issue an order on the proposed denial, suspension, or revocation of a license or on any proposed disciplinary action against a licensee or applicant for a license. The Office's order shall be appealable to the board or commission pursuant to § 2-1831.16(b).

(2) A case that was delegated by a board or commission to an administrative law judge or hearing examiner employed by an agency subject to this chapter shall be deemed to have been delegated to the Office pursuant to this section as of the date that the agency's adjudicated cases became subject to this chapter.

(j) A person who has filed a protest of a proposed assessment under § 47-4312 and requested a hearing with the Office shall be deemed to have elected adjudication by the Office as the exclusive means of adjudication of all challenges to the proposed assessment, and to have waived any right to adjudication of a challenge to the proposed assessment in any other forum. Nothing in this subsection limits the right of any person to judicial review of an order of the Office pursuant to § 2-1831.16.

D.C. Code § 2-1831.03

Amended by D.C. Law 25-199,§ 2, 71 DCR 009913, eff. 7/26/2024.

Amended by D.C. Law 24-238, § 7 , 69 DCR 014738, eff. 2/23/2023.

Amended by D.C. Law 24-167, § VI-K-6102 , 69 DCR 009223, eff. 9/21/2022.

Amended by D.C. Law 24-45, § VII-A-7094 , 68 DCR 010163, eff. 11/13/2021.

Amended by D.C. Law 23-188, § 3 , 68 DCR 004171, eff. 3/16/2021.

Amended by D.C. Law 23-186, § 3 , 68 DCR 003402, eff. 3/16/2021.

Amended by D.C. Law 23-274, § 1401 , 68 DCR 004792, eff. 4/27/2021.

Mar. 6, 2002, D.C. Law 14-76, § 6, 48 DCR 11442; Nov. 13, 2003, D.C. Law 15-39, § 402(b), 50 DCR 5668; Sept. 8, 2004, D.C. Law 15-177, § 2(b), 51 DCR 5709; Dec. 7, 2004, D.C. Law 15-205, § 3502, 51 DCR 8441; Dec. 7, 2004, D.C. Law 15-217, § 3(a), 51 DCR 9126; Apr. 13, 2005, D.C. Law 15-354, §§ 10, 84(c), 86, 52 DCR 2638; Apr. 4, 2006, D.C. Law 16-83, § 2(a), 53 DCR 1059; Mar. 2, 2007, D.C. Law 16-189, § 3, 53 DCR 6786; Mar. 6, 2007, D.C. Law 16-225, § 2, 53 DCR 10232; Mar. 14, 2007, D.C. Law 16-275, § 202, 54 DCR 880; Aug. 15, 2008, D.C. Law 17-216, § 2, 55 DCR 7500; Mar. 25, 2009, D.C. Law 17-353, § 191, 56 DCR 1117; Mar. 31, 2009, D.C. Law 17-372, § 2, 56 DCR 1365; May 22, 2010, D.C. Law 18-146, § 3, 57 DCR 2549; Sept. 18, 2010, D.C. Law 18-219, §13(a), 57 DCR 4353; Nov. 6, 2010, D.C. Law 18-259, § 3, 57 DCR 5591; Mar. 31, 2011, D.C. Law 18-352, § 3, 58 DCR 744; Apr. 8, 2011, D.C. Law 18-363, § 3(e), 58 DCR 963; Sept. 26, 2012, D.C. Law 19-171, § 26, 59 DCR 6190; Apr. 20, 2013, D.C. Law 19-268, § 2, 60 DCR 1709; June 8, 2013, D.C. Law 19-315, § 3, 60 DCR 1702; June 10, 2014, D.C. Law 20-108, § 3(b), 61 DCR 3892; July 17, 2014, D.C. Law 20-126, § 401, 61 DCR 3482; Mar. 11, 2015, D.C. Law 20-207, § 3, 61 DCR 12690; Feb. 27, 2016, D.C. Law 21-74, § 5, 63 DCR 252; June 22, 2016, D.C. Law 21-124, § 501(c), 63 DCR 7076; Feb. 18, 2017, D.C. Law 21-211, § 3, 63 DCR 15307; Apr. 7, 2017, D.C. Law 21-264, § 201, 64 DCR 2121; May 19, 2017, D.C. Law 21-282, § 501, 64 DCR 2055; Sept. 23, 2017, D.C. Law 22-21, § 7, 64 DCR 7631; May 5, 2018, D.C. Law 22-93, § 102, 65 DCR 2823; June 9, 2018, D.C. Law 22-112, § 2(b), 65 DCR 4600; July 3, 2018, D.C. Law 22-118, § 202, 65 DCR 5064; Oct. 30, 2018, D.C. Law 22-168, § 1072(b), 65 DCR 9388; Apr. 11, 2019, D.C. Law 22-282, § 3, 66 DCR 1606; Sept. 11, 2019, D.C. Law 23-16, § 4022, 66 DCR 8621.

Section 10 of D.C. Law 22-21 repealed §§ 6131 to 6134 of D.C. Law 22-33 before D.C. Law 22-33 became effective as law, which would have amended this section.

Section 4 of D.C. Law 16-189 provided that the implementation of the provisions of the act is subject to appropriations and nothing in this act shall be construed to create an entitlement.

Section 4(b) of D.C. Law 20-108(b) provided that, except as provided in § 2-218.46(f) , contracts existing or pending as of June 10, 2014, shall not be affected by the provisions of the act.

Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], may issue rules to implement the provisions of the act.

Applicability

Applicability of D.C. Law 22-112: § 7147 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-112. Therefore the amendment of this section by D.C. Law 22-112 has been implemented.

Applicability of D.C. Law 22-282: § 5 of D.C. Law 22-282 provided that the change made to this section by § 3 of D.C. Law 22-282 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

The amendment by section 33(a) of Law 22-189 to section 6(b-20) of Law 14-76 has not been given effect because that provision is not funded.

Section 7019 of D.C. Law 22-168 amendeded section 11 of D.C. Law 22-21 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-21 have been implemented.

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-118 have been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the change made to this section by § 202 of D.C. Law 22-118 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-112: § 4 of D.C. Law 22-112 provided that the change made to this section by § 2(b) of D.C. Law 22-112 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the changes made to this section by D.C. Law 21-211 have been implemented.

Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the change made to this section by § 7 of D.C. Law 22-21 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7034 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-264. Therefore the changes made to this section by D.C. Law 21-264 have been given effect.

Applicability of D.C. Law 21-264: § 301 of D.C. Law 21-264 provided that the change made to this section by § 201 of D.C. Law 21-264 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7023 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-211. Therefore the changes made to this section by D.C. Law 21-211 have been given effect.

Applicability of D.C. Law 21-211: § 5 of D.C. Law 21-211 provided that the change made to this section by § 3 of D.C. Law 21-211 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 5(a) of D.C. Law 17-216 provided that sections 2, 3, and 4(b) and (c) shall apply to real property tax years beginning after September 30, 2006.

Section 4(c) of D.C. Law 20-108 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 4(c) of D.C. Law 20-108 was repealed by D.C. Law 20-155, § 7005.

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.