District of Columbia Administrative Code

2406 SERVICE OBLIGATIONS 2406.1 Each participant receiving an initial one (1) year loan under the Program shall, as a service obligation, complete one (1) year of eligible employment. Each subsequent one (1) year renewal of the loan shall require the completion of an additional o…

2407 APPLICATION PROCESS 2407.1 Each applicant shall submit a completed application package, provided by the Administrator, which includes the following: (a) An Application for Assistance Form that contains information about: (1) The applicant; (2) The applicant’s bar admission s…

2408 FUNDING CRITERIA 2408.1 If the needs of all Program participants exceed the funding available for the Program in any fiscal year, the Administrator shall apportion the available funds among participants giving preference to: (a) Graduates of an accredited public law school i…

2409 AWARD AND DISBURSEMENT OF ASSISTANCE 2409.1 The Administrator shall award loans to participants to the extent funds are available in accordance with the criteria in section 2408. 2409.2 The Administrator shall disburse the first payment for each loan within ninety(90) days a…

2410 PARTICIPANT RESPONSIBILITIES AND REVIEW OF ELIGIBILITY 2410.1 Upon receipt of notification of a loan award, the participant shall promptly execute a promissory note, as required under § 2403.10, within the deadline established by the Administrator. Failure to timely execute …

2499 DEFINITIONS 2499.1 The following terms and phrases shall have the meanings ascribed: Act - the District of Columbia Poverty Lawyer Loan Assistance Repayment Program Emergency Act of 2006, effective October 25, 2006, D.C. Act 16-512, 53 DCR 9086, and any substantially identic…

2700 PURPOSE 2700.1 The purpose of this chapter is to establish standards and guidelines for the submission of applications for grants and loans to the Escheated Estates Fund Application Screening Committee and for the making of grants and loans from the Escheated Estates Fund. A…

2701 REQUIREMENTS FOR ELIGIBILITY 2701.1 Grants and loans from the Escheated Estates Fund shall be made only for projects that will benefit low-income residents of the District of Columbia 2701.2 For the purposes of § 2701.1, the term “low-income” means household income that does…

2702 PRIORITIES 2702.1 Priority shall be given to the following: (a) Projects that will serve low-income, minority District residents in low-income neighborhoods; (b) Projects that will improve the health or housing opportunities of low-income District residents; (c) Projects tha…

2703 FUNDING AMOUNTS AND LIMITATIONS 2703.1 A grant or loan shall not exceed ten thousand dollars ($10,000) from any single project. 2703.2 The maximum total amount a nonprofit organization or public agency may be granted or loaned during any three (3) year period is ten thousand…

2704 APPLICATIONS 2704.1 An organization or public agency applying for a grant shall include in its application the following: (a) A total itemized list of expenditures for the project; (b) A specific itemization of the expenditures to be funded by the grant; (c) A budget narrati…

2800 SCOPE OF CHAPTER 2800.1 This Chapter contains general rules of procedure for the Office of Administrative Hearings (OAH). Chapter 29 of these Rules contains rules for cases referred to OAH by the District of Columbia Public Schools (DCPS) and the District of Columbia Office …

2801 APPLICABILITY OF DISTRICT OF COLUMBIA SUPERIOR COURT RULES OF CIVIL PROCEDURE 2801.1 Where these Rules do not address a procedural issue, an Administrative Law Judge may refer to the District of Columbia Superior Court Rules of Civil Procedure as guidance to decide the issue…

2802 BEGINNING A CASE AT OAH 2802.1 The District of Columbia (District) may begin a case at OAH by filing a complete and legible copy of a Notice of Infraction or Notice of Violation as described in §§ 2803, 2804, and 2811. 2802.2 Any party also may begin a case at OAH by filing …

2803 BEGINNING A CIVIL FINE CASE – NOTICE OF INFRACTION 2803.1 Section 2803 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Civil Infractions Act (D.C. Official Code §§ 2-1802.01 –.05). In the event a civil infraction ca…

2804 BEGINNING A CIVIL FINE CASE – NOTICE OF VIOLATION 2804.1 Section 2804 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Litter Control Administration Act (D.C. Official Code §§ 8-801 – 812). Section 2804 shall also ap…

2805 BEGINNING A CASE BY REQUESTING A HEARING 2805.1 Unless a statute or these Rules describe a different way to begin a case, a party seeking a hearing at OAH shall file a request for hearing in writing. 2805.2 The hearing request shall not have to follow any specific format. Th…

2806 IDENTIFICATION OF PARTIES 2806.1 Any paper filed at OAH shall contain the name, mailing address, telephone number, and email address, if any, of the filer. After a case is assigned a case number, any paper filed in that case shall contain the case number. 2806.2 Any paper fi…

2807 SUBSTITUTION, ADDITION, AND INTERVENTION OF PARTIES 2807.1 Except when a District agency is redesignated or ceases to exist, after proper notice and an opportunity to be heard, an Administrative Law Judge may substitute a person or entity for a named party or may add parties…

2808 REPRESENTATION BY ATTORNEYS AND LAW STUDENTS 2808.1 An attorney may represent any party before OAH. Unless otherwise provided by statute or these Rules, only attorneys who are active members in good standing of the District of Columbia Bar, or who are authorized to practice …

2809 WITHDRAWAL OF APPEARANCE BY AN ATTORNEY 2809.1 An attorney may withdraw an appearance before a hearing date has been set if: (a) Another attorney simultaneously enters or has already entered an appearance on behalf of the client; and (b) The attorney files a consent to the w…

2810 OTHER AUTHORIZED REPRESENTATION 2810.1 An individual may represent himself or herself in proceedings before OAH. 2810.2 Any person representing a party as permitted by this Section shall obtain the consent of the party. 2810.3 A family member or domestic partner may represen…

2811 FILING OF PAPERS; REPRESENTATIONS TO OAH 2811.1 A “paper” means any pleading, Notice of Infraction, Notice of Violation, motion, exhibit, witness list, brief, or any other written submission filed with OAH. 2811.2 Any paper filed at OAH shall be complete, legible, and signed…

2812 HOW TO SERVE A PAPER 2812.1 “Service” of a paper or to “serve” a paper means to send or deliver the paper as set forth in this Section. 2812.2 Every paper filed at OAH shall be served on the other parties or their attorneys or representatives no later than the day it is file…

2813 CALCULATING DEADLINES 2813.1 This Section applies to all time periods, whether set by these Rules, by an OAH order, or by any applicable law, unless a statute or specific regulation provides otherwise. 2813.2 When an action shall or may be taken within a specified number of …

2814 ANSWERS IN CIVIL FINE CASES 2814.1 To answer a Notice of Infraction or a Notice of Violation (both “Notice”), a Respondent shall file the Respondent’s copy of the Notice at OAH. The Respondent shall indicate on the Notice whether the Respondent’s answer is Admit, Admit with …

2815 DEFAULTS IN CIVIL FINE CASES 2815.1 This Section contains rules for deciding civil fine cases in which the Respondent does not file an answer. 2815.2 (a) In a Civil Infractions Act or a Litter Control Administration Act case, if a Respondent fails to answer within the time r…

2816 INVOLUNTARY DISMISSALS AND DEFAULTS 2816.1 Except as provided in § 2816.2, if the party initiating a case fails to comply with an Administrative Law Judge’s order or these Rules or otherwise fails to prosecute the case, the Administrative Law Judge may, on his or her own mot…

2817 MOTIONS PROCEDURE 2817.1 A “motion” is a request for an Administrative Law Judge to take some action. Before filing any motion (except a motion for summary adjudication, voluntary dismissal, reconsideration, relief from a final order, attorney’s fees, or sanctions), a party …

2818 VOLUNTARY DISMISSALS OF CASES 2818.1 The party initiating the case may move to dismiss the case at any time, and the Administrative Law Judge may grant the motion without waiting for a response from the opposing side. 2818.2 An opposing party who objects to the voluntary dis…

2819 SUMMARY ADJUDICATION 2819.1 A party may move for an Administrative Law Judge to decide a case or part of a case summarily, without an evidentiary hearing, by filing a motion for summary adjudication. A motion for summary adjudication that relies on factual assertions shall i…

2820 MEDIATION 2820.1 Mediation is a process of assisted, informal negotiation which uses a neutral third party, the mediator, to aid the parties in exploring the possibility of settlement. No party shall be compelled to accept a settlement or other resolution of the dispute in m…

2821 DISCOVERY, EXPERT, AND OPINION TESTIMONY 2821.1 Discovery is generally not permitted. An Administrative Law Judge may authorize discovery for good cause shown, but interrogatories and depositions are disfavored. 2821.2 A party may move for an Administrative Law Judge to issu…

2822 BURDEN OF PROOF 2822.1 Unless otherwise established by law, the proponent of an order shall have the burden of proof, that is, the requirement to persuade the Administrative Law Judge on every contested factual issue. 2822.2 Unless otherwise established by law, the burden of…

2823 HEARINGS AND EVIDENCE 2823.1 The presiding Administrative Law Judge shall determine whether a hearing is required by law in any case. 2823.2 Unless otherwise ordered by an Administrative Law Judge, at least five (5) calendar days before any evidentiary hearing (except in une…

2824 SUBPOENAS FOR WITNESSES AND FOR DOCUMENTS AT HEARINGS 2824.1 Except as provided in § 2824.5 (unemployment compensation and rental housing cases), a subpoena for the appearance of witnesses and production of documents at a hearing shall only be issued by an Administrative Law…

2825 CONSOLIDATION AND SEPARATE HEARINGS 2825.1 When cases involve a common question of law or fact, or when multiple Notices of Violation or Notices of Infraction have been issued to the same Respondent, an Administrative Law Judge may, in his or her discretion: (a) Consolidate …

2826 LANGUAGE INTERPRETATION 2826.1 OAH shall provide oral or sign language interpretation services upon request for persons seeking information or participating in a hearing. An Administrative Law Judge may order the use of such services at a hearing. Only interpreters arranged …

2827 COURTROOM PROCEDURE 2827.1 Unless otherwise prohibited by law or duly ordered by an Administrative Law Judge, proceedings at OAH shall be open to the public. 2827.2 Administrative Law Judges and OAH non-judicial staff may observe any proceedings at OAH. They shall keep confi…

2828 RECORDINGS AND TRANSCRIPTS 2828.1 All proceedings, except for mediations, shall be recorded. The recording is the official record of what occurred at the proceeding. 2828.2 Any party may obtain a copy of the recording of a proceeding by request. OAH may charge a fee for the …

2829 SANCTIONS 2829.1 Before issuing an order imposing any sanctions under the OAH Establishment Act (D.C. Official Code §§ 2-1831.01 - .19), the presiding Administrative Law Judge shall allow the party subject to the sanction an opportunity to be heard. Any order imposing a sanc…

2830 REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER 2830.1 This Section contains Rules about how to ask an Administrative Law Judge to change a final order after it has been issued or to request a new hearing whether or not a final order has been issued. …

2831 APPEALS 2831.1 Every appealable order shall include a statement of appeal rights and shall be served on the parties and their representatives. 2831.2 The filing of an appeal or a petition for review does not stay or delay the date a final order goes into effect unless a stay…

2832 CLERICAL MISTAKES 2832.1 At any time, an Administrative Law Judge or the Clerk, in consultation with an Administrative Law Judge, may correct clerical, typographical, numerical, or technical mistakes in the record and errors from oversight or omission. 2832.2 An Administrati…

2833 PAYMENT PLANS IN CIVIL INFRACTIONS ACT CASES 2833.1 If an Administrative Law Judge has imposed monetary sanctions under the Civil Infractions Act, a Respondent may request to pay the monetary sanctions in installments. An Administrative Law Judge may permit installment payme…

2834 ABATEMENT COST REQUESTS 2834.1 Before or after an Administrative Law Judge has issued a final order finding a Respondent liable for a violation of the Litter Control Administration Act, the District may file and serve a motion to require the Respondent to pay abatement costs…

2835 INABILITY OF AN ADMINISTRATIVE LAW JUDGE TO PROCEED 2835.1 If a hearing has commenced or is completed and the assigned Administrative Law Judge is unable to proceed, another Administrative Law Judge may proceed in the case. The successor Administrative Law Judge shall certif…