D.C. Mun. Regs. tit. 16, r. 16-1524

Current through Register 71, No. 45, November 7, 2024

Rule 16-1524 - EMERGENCY PROCEEDINGS

1524.1

The Director may file with the Office of Adjudication a "motion for emergency relief against a respondent for the purpose of seeking a provisional remedy.

1524.2

The Administrative Law Judge may grant an Emergency Order without written or oral notice to the respondent or his or her attorney only if the following occurs:

(a) It appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the complainant before the respondent or his or her attorney can be heard in opposition; and

(b) The Director certifies to the Office of Adjudication in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required.

1524.3

Every Emergency Order granted without notice shall meet the following requirements:

(a) Be endorsed with the date and hour of issuance;

(b) Be filed forthwith in the Office of Adjudication and entered of record;

(c) Define the injury and state why it is irreparable and why the order was granted without notice; and

(d) Expire by its terms within such time after entry not to exceed ten (10) days, as the Office of Adjudication specifies, unless within such time so specified in the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period.

1524.4

In case an Emergency Relief Order is granted without notice, the motion for an Emergency Relief Order shall be set for hearing at the earliest possible time and take precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the Emergency Relief Order shall proceed with the application for permanent relief, and if he or she does not do so, the Office of Adjudication shall dissolve the Emergency Order.

1524.5

On two (2) days notice to the party who obtained the Emergency Relief Order without notice or such shorter notice to that party as the Office of Adjudication may prescribe, the respondent may appear and move its dissolution or modification and in that event the Office of Adjudication shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

D.C. Mun. Regs. tit. 16, r. 16-1524

Final Rulemaking published at 33 DCR 6176, 6188 (October 10, 1986),