D.C. Mun. Regs. tit. 29, r. 29-5910

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

Rule 29-5910 - FINAL DECISION OF HEARING EXAMINER

5910.1

This section does not apply to an expedited preliminary review hearing, unless it has been consolidated with the fair hearing under § 5907.9.

5910.2

This section shall apply to the final hearing in cases where there has been a preliminary review hearing and the order to suspend or convert was affirmed.

5910.3

The Hearing Examiner shall prepare a final written decision within 30 days of the hearing, which shall be mailed to all parties.

5910.4

The decision shall:

(a) Be based solely upon the record;

(b) Contain findings of facts and conclusions of law which include a concise statement of the conclusions upon each contested issue of fact and identify pertinent federal and District law, regulation, rule, and policy;

(c) Be supported by, and in accordance, with reliable, probative, and substantial evidence;

(d) State that any party adversely affected by the decision may file exceptions within 10 calendar days of receipt of the decision in accordance with § 5910.5; and

(e) State, in the event the decision is in favor of CFSA, CFSA may immediately implement the action that was the basis for the appeal.

5910.5

Exceptions filed under § 5910.4(d) shall:

(a) Be in writing;

(b) Contain concise statements identifying each part of the Hearing Examiner's decision to which exception is being taken;

(c) Contain concise statements identifying the asserted basis for taking the exception;

(d) Identify any specific evidence produced at the fair hearing that supports the exception;

(e) A copy of the exceptions shall be served on each party; and

(f) The opposing party may submit a response to any exception within seven (7) days of service.

5910.6

If a party has identified any specific evidence under § 5910.5(d), the party shall file a copy of the transcript of the fair hearing, or relevant portions of it, with the Hearing Examiner. The transcript shall be filed at the party's expense. With the agreement of all parties, a stipulation of facts may be submitted instead of a transcript.

5910.7

The exceptions and any responses shall be reviewed solely on the basis of the fair hearing record compiled pursuant to § 5908.4. The Hearing Examiner may not receive any additional evidence, testimony, or witnesses.

5910.8

In those cases in which an exception was filed, the Hearing Examiner shall consider the exception and any responses and either affirm, modify or vacate the decision issued under § 5910.3, and state the reasons for the decision. The decision shall be in writing and shall be made within 20 days of receipt of the exceptions.

5910.9

If the decision of the Hearing Examiner affirms CFSA's decision, any action by CFSA that was delayed pending the decision may be implemented immediately upon issuance of the Hearing Examiner's decision.

5910.10

The Hearing Examiner shall make the decision and CFSA shall complete all corrective or administrative action required by the decision within ninety (90) days of the date of the request for a fair hearing.

5910.11

Consistent with confidentiality requirements, CFSA shall prepare periodic compilations of fair hearing decisions and shall make them accessible to the public.

D.C. Mun. Regs. tit. 29, r. 29-5910

Emergency published at 47 DCR 6035 (July 28, 2000) [EXPIRED]; as amended by Emergency published at 48 DCR 10067 (November 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 49 DCR 2440 (March 15, 2002)