District of Columbia Administrative Code

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…

2836 RECUSAL; ETHICS COMPLIANCE 2836.1 Whether or not a party has moved for recusal, an Administrative Law Judge who has a personal bias or prejudice in favor of or against any party in an assigned case, or who has another good reason to recuse himself or herself from the case, s…

2837 AMICUS CURIAE OR “FRIEND OF THE COURT” 2837.1 Any non-party having an interest in the issues in a case pending before OAH may move for leave to file an amicus curiae submission or to make an amicus curiae appearance, or an Administrative Law Judge may invite such a submissio…

2838 CHIEF ADMINISTRATIVE LAW JUDGE RESPONSIBILITIES 2838.1 The Chief Administrative Law Judge or his or her designee may administer an oath of office to an Administrative Law Judge or other OAH employee. SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amend…

2839 [REPEALED] SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulema…

2840 [REPEALED] SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulema…

2841 [REPEALED] SOURCE: Final Rulemaking published at 58 DCR 10327, 10328 (December 9, 2011); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Re…

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, …