District of Columbia Administrative Code

2899 DEFINITIONS For the purposes of this chapter the term: Agency shall have the same meaning as the term is defined in D.C. Official Code § 2-502(3). Civil Infractions Act means the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code …

2900 DCPS AND OSSE HEARINGS – SCOPE 2900.1 Sections 2900 through 2909 shall govern procedures in cases referred to OAH by the District of Columbia Public Schools (DCPS) and by the District of Columbia Office of the State Superintendent of Education (OSSE). 2900.2 The Rules in Cha…

2901 DCPS STUDENT DISCIPLINE CASES – REFERRALS 2901.1 DCPS may refer a student discipline case to OAH, for an Administrative Law Judge to hold a hearing and to decide: (a) The material facts; (b) Whether required due process procedures, including notice and the opportunity to res…

2902 DCPS STUDENT DISCIPLINE CASES – HEARINGS 2902.1 An adult student, or a minor student’s parent or guardian, may request DCPS or OAH to postpone the hearing for not more than five (5) school days, if necessary to prepare for the hearing or provide for the attendance of necessa…

2903 DCPS STUDENT DISCIPLINE CASES – DECISIONS 2903.1 After the close of the record in a student discipline case, the Administrative Law Judge shall issue Findings of Fact and Conclusions of Law on the issues identified in § 2901.1. 2903.2 The Administrative Law Judge shall issue…

2904 DCPS STUDENT DISCIPLINE CASES – RECONSIDERATION 2904.1 Section 2830 of these Rules shall not apply to DCPS cases. If DCPS has not issued a final notice of disciplinary action, any party may file a written motion for reconsideration of the Findings of Fact and Conclusions of …

2905 OSSE CONTESTED RESIDENCY CASES – REFERRALS 2905.1 OSSE may refer a contested residency case to OAH for a final decision. SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128…

2906 OSSE CONTESTED RESIDENCY CASES – BEGINNING A CASE 2906.1 OSSE shall refer a contested residency case to OAH by filing a copy of the exclusion letter given to the student’s parent, custodian, guardian, or other primary caregiver and the request for review that OSSE received, …

2907 OSSE CONTESTED RESIDENCY CASES – HEARINGS 2907.1 In all contested residency cases, OAH shall set the hearing date and issue the hearing notice. 2907.2 The Rules in Chapter 28 shall apply to all hearings in contested residency cases, except that parties shall file and serve t…

2908 OSSE CONTESTED RESIDENCY CASES – FINAL ORDERS 2908.1 The presiding Administrative Law Judge shall issue a final order in all contested residency cases, which shall include the statement of appeal rights required by § 2831.1. SOURCE: Emergency and Proposed Rulemaking publishe…

2909 DCPS AND OSSE CASES – CONFIDENTIALITY OF THE RECORD 2909.1 The OAH record in any case referred by DCPS or by OSSE shall be confidential. Only the following persons shall have access to that record: (a) The adult student or the adult student’s representative; (b) The minor st…

2910 APPELLATE PROCEEDINGS - COSTS AND MANDATE 2910.1 The prevailing party in an appellate proceeding may recover its costs from the adverse party. 2910.2 Allowable costs are limited to filing fees in this administrative court and the reasonable cost of any transcripts reasonably…

2911 APPELLATE PROCEEDINGS - PENDING CASES 2911.1 In every appellate proceeding transferred to this administrative court from the Board of Appeals and Review, the presiding Administrative Law Judge may issue an order requiring the appellant to file a statement specifying whether …

2912 DFHV – ANSWERS IN CIVIL FINE CASES 2912.1 In DFHV cases filed in the DMV automatic ticket database, the Respondent shall answer a Notice of Infraction (“Notice”) according to the instructions on the back of the Notice. The Respondent’s answer shall indicate whether the respo…

2913 DFHV – DEFAULTS IN CIVIL FINE CASES 2913.1 In DFHV cases filed under § 2911.1(b), if the USPS returns to the Clerk’s office a default order that was mailed to Respondent for reasons that call into question the accuracy of any affidavit filed under § 2911.1(b), (for example, …

2920 RENTAL HOUSING CASES – SCOPE 2920.1 Sections 2920 through 2942 shall govern procedures in rental housing cases, including rent stabilization cases under the Rental Housing Act and conversion and sale cases under the Rental Housing Conversion and Sale Act, at OAH. 2920.2 The …

2921 RENTAL HOUSING CASES – BEGINNING A CASE 2921.1 A party may begin a rent stabilization case by filing a petition with the Rent Administrator in accordance with 14 DCMR § 3901. 2921.2 For conversion and sale cases, An aggrieved owner, tenant, or tenant organization may begin a…

2922 RENTAL HOUSING CASES – PARTIES 2922.1 Any petition or request that is filed on behalf of more than one person or entity shall individually name each person or entity. 2922.2 When neither the claim asserted nor the relief requested requires the participation of the individual…

2923 RENTAL HOUSING CASES – SENDING NOTICE 2923.1 OAH shall notify the parties of proceedings by first-class mail or by email. 2923.2 For rent stabilization cases, OAH shall mail a copy of any tenant petition by first-class mail or by email to any adverse party named in the tenan…

2924 RENTAL HOUSING CASES – SERVICE 2924.1 For rent stabilization cases, every paper filed at OAH shall be served in accordance with § 904 of the Rental Housing Act (D.C. Official Code § 42-3509.04), as follows: (a) By handing the paper to the person, by leaving it at the person’…

2925 RENTAL HOUSING CASES – CALCULATING DEADLINES 2925.1 Section 2813 shall govern the calculation of deadlines. For rent stabilization cases, the timeliness of any appeal to the Commission shall be governed by the Commission Rules in 14 DCMR § 3802. SOURCE: Final Rulemaking publ…

2926 RENTAL HOUSING CASES – CONCILIATION, ARBITRATION, AND MEDIATION 2926.1 For rent stabilization cases, the parties may request conciliation or arbitration of any dispute by the RAD in accordance with its regulations. 2926.2 The parties may request, or an Administrative Law Jud…

2927 RENTAL HOUSING CASES – SUBSTITUTION OR ADDITION OF PARTIES 2927.1 An Administrative Law Judge may substitute or add a party under § 2807.1 if: a party dies; a party entity is dissolved or reorganized; a party entity’s ownership or interest changes; or, for rent stabilization…

2928 RENTAL HOUSING CASES – INTERVENORS 2928.1 Sections 2807.2 and 2807.3 shall govern motions for intervention. SOURCE: Final Rulemaking published at 53 DCR 5674, 5678 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 9553 (December 25, 2009); as amended by Fin…

2929 RENTAL HOUSING CASES – AMENDMENT OF PETITIONS, CONSOLIDATION OF PETITIONS AND EXPANDING THE SCOPE OF A PROCEEDING 2929.1 An Administrative Law Judge may consolidate (join) two (2) or more petitions if they present identical or similar issues, involve the same rental unit or …

2930 RENTAL HOUSING CASES – HEARINGS 2930.1 A petition received by OAH shall be treated as a request for a hearing. OAH shall schedule a status conference, a hearing, or mediation after receiving the petition. OAH shall notify the parties of the hearing date and of their right to…

2931 RENTAL HOUSING CASES – RENT ADMINISTRATOR’S SHOW CAUSE ORDERS 2931.1 For rent stabilization cases, if the Rent Administrator concludes after investigation that a housing provider has violated the Rental Housing Act, the Rent Administrator may file an order to show cause with…

2932 RENTAL HOUSING CASES – BURDEN OF PROOF 2932.1 The proponent of an order shall have the burden of proof. 2932.2 For rent stabilization cases: The tenant has the burden to prove the claims alleged in a tenant petition except that the housing provider has the burden to prove en…

2933 RENTAL HOUSING CASES – PAPERS FILED WITH THE RAD, CASD, OR OTHER AGENCIES 2933.1 Any party shall introduce a copy of that document into evidence the party who wishes the Administrative Law Judge to consider a document that is on file with the RAD, Conversion and Sale Divisio…

2934 RENTAL HOUSING CASES – SUBPOENAS AND DISCOVERY 2934.1 In rent stabilization cases, the Clerk shall issue no more than three subpoenas to the tenant side and no more than three (3) subpoenas to the housing provider side under § 2824.5 to compel: (a) The appearance at a hearin…

2935 RENTAL HOUSING CASES – REPRESENTATION 2935.1 Persons authorized to appear before OAH by §§ 2808 and 2810 may represent parties in rental housing cases. 2935.2 A tenant association may represent one or more tenants in any proceeding as follows: (a) A statement shall be filed …

2936 RENTAL HOUSING CASES – APPEALS BEFORE A FINAL ORDER IN RENT STABILIZATION CASES 2936.1 An Administrative Law Judge’s rulings in a rent stabilization proceeding ordinarily may not be appealed to the Commission until a final order is issued. Before a final order is issued, a p…

2937 RENTAL HOUSING CASES – INITIAL DECISIONS AND FINAL ORDERS 2937.1 For rent stabilization cases, after the close of the record in a case involving a tenant or housing provider petition, the Administrative Law Judge shall issue a final order. 2937.2 For rental housing conversio…

2938 RENTAL HOUSING CASES – REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER 2938.1 Motions for reconsideration of an initial decision, reconsideration of a final order, a new hearing, or relief from a final order shall be decided in accordance with § 2830.…

2939 RENTAL HOUSING CASES – APPEALS 2939.1 For rent stabilization cases, the Administrative Law Judge’s final order is appealable to the Commission. A party shall file a petition for review by the Commission within ten (10) business days of the date of service of the final order.…

2940 RENTAL HOUSING CASES – OFFICIAL RECORD OF A PROCEEDING 2940.1 The official record of a proceeding shall consist of the following: (a) The final order and any other orders or notices of the Administrative Law Judge; (b) The recordings or any transcripts of the proceedings bef…

2941 RENTAL HOUSING CASES – ATTORNEY’S FEES IN RENT STABILIZATION CASES 2941.1 All motions for an award of attorney’s fees shall be filed within thirty (30) calendar days of service of the final order. But if a timely motion for reconsideration is filed, a motion for an award of …

2942 RENTAL HOUSING CASES – INTEREST ON SECURITY DEPOSITS IN RENT STABILIZATION CASES 2942.1 In any case in which a tenant claims entitlement to interest on a security deposit under D.C. Official Code § 42-3502.17(b), the tenant shall produce evidence of the amount of the securit…

2950 PUBLIC SECTOR WORKERS’ COMPENSATION CASES – SCOPE 2950.1 Sections 2950 through 2956 shall govern OAH hearings of appeals of certain Public Sector Workers’ Compensation decisions of the District of Columbia Office of Risk Management (ORM). 2950.2 The Rules in Chapter 28 shall…

2951 PUBLIC SECTOR WORKERS’ COMPENSATION — BEGINNING A CASE 2951.1 Appeals shall be initiated by filing a written hearing request at OAH. The request may be made on a form supplied by the Public Sector Workers’ Compensation Program (the Program) and approved by OAH. A hearing req…

2952 PUBLIC SECTOR WORKERS’ COMPENSATION — SCHEDULING 2952.1 After a hearing request is filed, OAH shall send a copy to the Program and may issue a scheduling order for a status conference. At the status conference, the Administrative Law Judge shall ordinarily issue an order est…

2953 PUBLIC SECTOR WORKERS’ COMPENSATION — PRE-HEARING CONFERENCE 2953.1 In accordance with the scheduling order, the parties shall file a Joint Pre-Hearing Statement that includes the following: A joint statement of the case, including all stipulated facts; A statement of the re…

2954 PUBLIC SECTOR WORKERS’ COMPENSATION — DISCOVERY 2954.1 Each party shall disclose the identity and proposed testimony of any expert witness in accordance with the scheduling order issued pursuant to § 2952.1. 2954.2 Unless otherwise stipulated, any Expert Witness Report shall…

2955 PUBLIC SECTOR WORKERS’ COMPENSATION — HEARINGS 2955.1 The rules for hearings and evidence set forth in § 2823 shall apply to Public Sector Workers’ Compensation hearings except as modified in this Section. 2955.2 All hearings shall be recorded. Any party may obtain a copy of…

2956 PUBLIC SECTOR WORKERS’ COMPENSATION — ATTORNEY’S FEES 2956.1 An attorney who has represented a claimant who seeks to recover attorney's fees shall file a motion within thirty (30) days of the issuance of a final decision. The motion shall contain the following information: (…

2970 PUBLIC BENEFITS CASES – SCOPE 2970.1 Sections 2970 through 2979 shall govern hearings requested by individuals, other than service providers, concerning the following benefits: Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columb…

2971 PUBLIC BENEFITS CASES – BEGINNING A CASE 2971.1 A person can request a hearing by e-mailing, filing via eFiling portal, mailing, or bringing a written request to OAH, or by making an oral request in person at OAH or by telephone to OAH. OAH’s email address is HYPERLINK "mail…