D.C. Mun. Regs. tit. 1, r. 1-2938

Current through Register Vol. 71, No. 48, November 29, 2024

Rule 1-2938 - RENTAL HOUSING CASES - REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER

2938.1

Motions for reconsideration of an initial decision, reconsideration of a final order, a new hearing, or relief from a final order shall be decided in accordance with §§ 2830.

2938.2

For rental housing conversion and sale cases, any party may request reconsideration of an initial decision issued pursuant to D.C. Official Code §§ 42- 3405.08.

2938.3

(a) Motions for reconsideration of an initial decision shall be filed with OAH within ten (10) calendar days of the date of service of the initial decision.

(b) If any party files a motion for reconsideration of an initial decision within the ten (10) calendar day deadline, the Conversion and Sale Administrator cannot issue a final decision for purposes of appeal to the D.C. Court of Appeals until the Administrative Law Judge rules on the motion.

2938.4

If any party files a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline specified in §§ 2830.3, an Order shall not be final for purposes of appeal to the Commission or the D.C. Court of Appeals, as applicable, until the Administrative Law Judge rules on the motion. The motion shall state whether an appeal has been filed with the Commission or the D.C. Court of Appeals, as applicable. If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

2938.5

Any motion for relief from final order has no effect on the deadline for appealing to the Commission or the D.C. Court of Appeals, as applicable. If an appeal has been filed, OAH has no jurisdiction to decide a motion for relief from final order absent a remand for that purpose.

D.C. Mun. Regs. tit. 1, r. 1-2938

Final Rulemaking published at 53 DCR 5674, 5681 (July 14, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12582 (December 31, 2010); Final Rulemaking published at 63 DCR 6594 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Notice of Final Rulemaking published at 59 DCR 3128 (April 20, 2012) renamed chapter 29, "Office of Administrative Hearings: Rules for DCPS, Rental Housing, Public Benefits, and Unemployment Insurance Cases."

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .