D.C. Mun. Regs. tit. 1, r. 1-2939

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

Rule 1-2939 - RENTAL HOUSING CASES - APPEALS

2939.1

For rent stabilization cases, the Administrative Law Judge's final order is appealable to the Commission. A party shall file a petition for review by the Commission within ten (10) business days of the date of service of the final order.

2939.2

For conversion and sale cases,

(a) In cases involving the rejection of applications pursuant to D.C. Official Code §§ 42-3405.04, temporary cease and desist orders pursuant to D.C. Official Code §§ 42-3405.06, or a revocation of certifications or registrations pursuant to D.C. Official Code §§ 42-3405.07, the Administrative Law Judge's initial decision is not appealable to the D.C. Court of Appeals. If no party requests reconsideration within the ten (10) calendar day deadline, or following an Administrative Law Judge's decision on reconsideration, the Conversion and Sale Administrator shall adopt and render the initial decision as a final decision and serve upon each party a final order pursuant to D.C. Official Code §§ 42-3405.08. The Conversion and Sale Administrator's final order is appealable to the D.C. Court of Appeals;

(b) In cases involving petitions for declaratory relief pursuant to D.C. Official Code §§ 42-3405.03 a, the Administrative Law Judge's final order is appealable to the D.C. Court of Appeals; and

(c) For all appealable final orders, a party shall file a petition for review in the D.C. Court of Appeals within fifteen (15) calendar days of the date of service of the final order.

D.C. Mun. Regs. tit. 1, r. 1-2939

Final Rulemaking published at 53 DCR 5674, 5682 (July 14, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12583 (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)) .