D.C. Mun. Regs. tit. 4, r. 4-431

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

Rule 4-431 - APPEAL FROM COMMISSION DECISION

431.1

Any party adversely affected by a Final Decision and Order of the Commission may file a written application for reconsideration with the Chairperson, within fifteen (15) calendar days of receipt of the Final Decision and Order. The grounds for requesting reconsideration shall be stated with particularity and shall include reference to any of the following, if applicable:

(a) Discovery of competent, relevant, and material evidence that was not reasonably discoverable during the course of the hearing process;

(b) Failure of the hearing examiner to admit into the record competent, relevant, and material evidence that was proffered during the hearing process; or

(c) Failure of the Hearing Tribunal to consider particular items of competent, relevant, and material evidence that were admitted into the record of the hearing process.

431.2

Parties seeking reconsideration shall serve a copy of the application for reconsideration on all other parties in accordance with § 411. Parties opposing reconsideration may file replies within seven (7) calendar days of receipt of the application for reconsideration.

431.3

Whenever possible, the matter shall be assigned to the Hearing Tribunal that rendered the Final Decision and Order. The Hearing Tribunal shall review the application, the replies, the Final Decision and Order, and other elements of the official record of the matter as required, and shall enter an order affirming, reversing, or modifying the Final Decision and Order, or remanding the matter to the hearing examiner for further processing. The Hearing Tribunal's order shall be served on all parties.

431.4

Failure to apply for reconsideration of a Final Decision and Order shall not be considered a failure to exhaust the administrative remedies available under the Act or this chapter.

431.5

Any party adversely affected by a Final Decision and Order may file with the District of Columbia Court of Appeals a petition for review within such time limits as that Court may prescribe.

D.C. Mun. Regs. tit. 4, r. 4-431

Final Rulemaking published at 42 DCR 1429, 1452-53 (March 24, 1995)