D.C. Mun. Regs. tit. 9, r. 9-2004

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 9-2004 - PROHIBITIONS ON COMMISSIONERS

2004.1

A Commissioner shall not review an appeal involving real property with which he or she has had any direct or indirect financial dealings in the two (2)-year period prior to the date of the filing date of the appeal, including the assessment, appraisal, purchase, sale, or rental of the property in question. In addition, a Commissioner shall not review an appeal for which the Commissioner has a direct or indirect interest.

2004.2

A Commissioner shall recuse himself or herself from participating in any hearing, discussion, vote, or appeal referred to in § 2004.1.

2004.3

The Chairperson may appoint a Commissioner to substitute for a member of a Panel who has recused himself or herself pursuant to § 2004.2.

2004.4

If an assertion is made that a member should recuse himself or herself as provided in § 2004.2 and the member refuses to do so, a majority of the other Panel members shall decide whether to remove the member from the hearing, discussion, vote, or appeal. If the Panel consists of two (2) members, or if the other Panel members of a three (3) member Panel are unable to reach a unanimous decision on the recusal, the Chairperson shall decide whether to remove the member from the hearing, discussion, vote, or appeal.

2004.5

A Commissioner shall not represent a client or business interest before the Commission for a period of two (2) years after that Commissioner's termination or resignation from the Commission.

D.C. Mun. Regs. tit. 9, r. 9-2004

Final Rulemaking published at 45 DCR 24, 28 (January 2, 1998); as amended by Final Rulemaking published at 49 DCR 2897 (March 29, 2002); as amended by Final Rulemaking published at 60 DCR 9888 (July 5, 2013)

The Office of the Chief Financial Officer of the District of Columbia published a Notice of Public Interest at 44 DCR 2345 (April 18, 1997) changing the name of the "Department of Finance and Revenue" to the "Office of Tax and Revenue."

Authority: The Real Property Tax Appeals Commission Establishment Act of 2010, effective April 8, 2011 (D.C. Law 18-363; D.C. Official Code § 47-825.01 a(b)(2) (2012 Supp.)); as amended by the Real Property Tax Appeals Commission Establishment Act of 2012, effective July 13, 2012 (D.C. Law 19-155; 59 DCR 5590).