District of Columbia Administrative Code

2104 RECUSAL 2104.1 A hearing examiner shall recuse himself or herself from a matter where he or she is unable to act in a fair and impartial manner. Notice of a recusal shall be provided to the senior hearing examiner. 2104.2 Grounds for recusal shall include: (a) A conflict of …

2105 EX PARTE COMMUNICATIONS 2105.1 Hearing examiners shall not engage in ex parte communications with any individual, including any official, employee, agent, or counsel of the Department. 2105.2 Where a hearing examiner has engaged in ex parte communications, the hearing examin…

2106 REQUEST FOR HEARING 2106.1 An appeal shall be filed with OHE within the time prescribed by §§ 708 and 709. 2106.2 Each request for a hearing shall include: (a) The full name of the respondent or appellant, and the full name of the appellant’s or respondent’s representative, …

2107 SUMMARY ADJUDICATION 2107.1 An appellant may request that an appeal of a decision to deny a new or renewed license be decided summarily, without a hearing. 2107.2 Each motion for summary adjudication shall be supported by evidence that identifies the facts not in dispute, wi…

2108 REPRESENTATIVES 2108.1 An appellant or respondent, at its own expense, may appear through an attorney or non-attorney representative. 2108.2 Each representative shall file a notice of appearance at least two (2) days prior to the first scheduled hearing at which the represen…

2109 FAILURE TO APPEAR 2109.1 Where a respondent or appellant fails to appear for a scheduled hearing, the hearing examiner may enter a default, provided however, that the Department shall be required to proffer sufficient evidence to meet its burden of proof. 2109.2 Where, follo…

2110 MOTIONS 2110.1 Motions shall be filed no later than ten (10) days prior to the hearing, shall state the nature of the motion and the relief sought, and shall be supported by appropriate documentation. 2110.2 A response or opposition to a motion shall be filed not later than …

2111 COMPUTATION OF TIME 2111.1 An applicable time period measured in days under this chapter shall be calculated using the computation of time rules prescribed by Chapter 7, if any, and, if none, then in calculating such period: (a) The day of the act, event, or default from whi…

2112 ENLARGEMENTS OF TIME 2112.1 When an act is required or allowed to be done within a specified time, a hearing examiner, upon motion demonstrating good cause, or sua sponte, may enlarge the time period. 2112.2 If a motion is made to enlarge before the expiration of the period …

CONTINUANCES OF HEARINGS 2113.1 A hearing examiner may continue a hearing for good cause shown, including at a hearing, upon motion or sua sponte, provided the continuance does not unduly delay or disrupt the adjudication of a matter, and does not cause undue prejudice to the op…

2114 DISMISSALS OF MATTERS A respondent or appellant may file a motion to dismiss at any time. 2114.2 Parties may file a joint motion to dismiss, with or without prejudice, at any time. 2114.3 If a respondent or appellant fails to comply with a hearing examiner’s order or with th…

2115 SUBPOENAS 2115.1 A hearing examiner shall have authority to issue a subpoena for the appearance of witnesses or the production of documents, sua sponte or upon the filing of a motion. 2115.2 Each motion for a subpoena shall identify the relevance of the documents sought or w…

2116 BURDEN OF PROOF 2116.1 In all matters adjudicated by OHE, the Department shall bear the burden of proof to establish by a preponderance of the evidence an evidentiary basis for the Department’s denial or nonrenewal of a license, or for the Department’s proposed suspension or…

2117 EVIDENCE 2117.1 Formal rules of evidence shall not apply to adjudications or hearings before OHE. 2117.2 Hearsay may be considered during a hearing, provided however, that hearsay shall not serve as the sole evidentiary basis for a suspension or revocation of a license. 2117…

2118 DECISIONS 2118.1 A hearing examiner shall issue a written decision within thirty (30) days following the hearing. 2118.2 Each decision shall include: (a) A list of the exhibits accepted in evidence and the witnesses who testified; (b) Findings of fact based on the evidence a…

2119 RECONSIDERATION 2119.1 A motion for reconsideration of a hearing examiner’s decision shall be filed within ten (10) days following the issuance of the decision. 2119.2 Each motion for reconsideration shall state the grounds for reconsideration and shall be limited to: (a) Er…

2120 APPEALS 2120.1 This section shall apply to a decision of a hearing examiner which does not require the Director’s approval under the Establishment Act. 2120.2 In accordance with Chapter 7, either party may appeal a hearing examiner’s decision to the Director or his or her de…

2121 RECORDS OF HEARINGS 2121.1 All hearings shall be recorded, and shall be available to the parties and to the public by transcript. 2121.2 The administrative record shall consist of the OHE file, exhibits, transcripts, and all other documents filed with or issued by OHE. 2121.…

2122 FINAL AGENCY DECISION 2122.1 A decision of the Director or his or her designee on a matter referred under § 2118.4 or appealed to the Director or his or her designee under § 2120 shall constitute a final agency decision. 2122.2 A decision of a hearing examiner which is not t…

300 OFFICERS 300.1 The officers of the Panel shall be the Chairperson, the Co-Chairperson for Adjudication, and the Secretary. 300.2 The Chairperson shall perform the following duties: (a) Preside at regular meetings of the Panel; (b) Preside at all other meetings called by the P…

301 APPOINTMENT OF THE CO-CHAIRPERSON AND SECRETARY 301.1 The Chairperson may designate a member of the Panel to serve as Co-Chairperson of the Panel. 301.2 The General Counsel to the Commission shall serve as Secretary to the Panel. SOURCE: Final Rulemaking published at 34 DCR 6…

302 MEETINGS 302.1 The Panel on Adjudication shall hold regular meetings on the first and third Wednesday of each month from September to July, inclusive, at 9:00 a.m. at the official offices of the Commission, or at any other place as the Chairperson may designate. The Panel may…

303 CONDUCT OF MEETINGS 303.1 The Chairperson shall determine the order of business at meetings. 303.2 The Chairperson shall prepare an agenda for each regular Panel meeting. Any member of the Commission or member of the public may transmit material to the Chairperson for inclusi…

304 QUORUM 304.1 A majority of the members of the Panel in office shall constitute a quorum for the transaction of business at all meetings of the Panel. SOURCE: Final Rulemaking published at 34 DCR 6751, 6754 (October 23, 1987). AUTHORITY: DC-DCMR Unless otherwise noted, the aut…

305 CONFLICTS OF INTEREST AND APPOINTMENT OF ETHICS COUNSELOR 305.1 Any member who, in the discharge of his or her official duties on the Panel, would be required to take an action or make a decision that would affect directly or indirectly his or her financial interest (as defin…

306 VOTES 306.1 Action shall be taken by majority vote of the members of the Panel present and voting unless provided to the contrary in these rules or in other District of Columbia laws or regulations. 306.2 No person may vote on Panel matters unless that person is a current mem…

307 ORDER OF BUSINESS OF MEETINGS 307.1 The order of business of meetings shall be as follows: (a) Call to order; (b) Moment of silence; (c) Determination of a quorum; (d) Communications from the following: (1) Chairperson and Members of the Commission; (2) Mayor and Executive Br…

308 RECORDS OF MEETINGS 308.1 The Secretary shall cause the creation of a formal record of the official proceedings of Panel meetings by tape recording. All written documents and materials of the Panel shall be preserved by the Secretary. 308.2 The Secretary shall prepare a summa…

309 NOTICES AND CORRESPONDENCE 309.1 The Chairperson shall sign or designate a person to sign the following: (a) All notices to members of the Panel of regular and special meetings; (b) All notices and correspondence signifying proposed and final actions of the Panel or of hearin…

310 OFFICIAL OFFICES OF THE COMMISSION AND OFFICE HOURS 310.1 The official offices of the Commission shall be 2401 Martin Luther King, Jr. Avenue, S.E., 2nd Floor, Washington, D.C. 20020. 310.2 The office hours of the Commission are from 8:30 a.m. to 4:45 p.m., Monday through Fri…

311 POLICY AND PROGRAMS 311.1 The Panel, when convened in regular or special session, shall, consistent with law, consider and adopt Panel policy, programs, and objectives. 311.2 Any Commissioner may propose policy, programs, and objectives for consideration and adoption by the P…

312 FREEDOM OF INFORMATION ACT REQUESTS 312.1 The Secretary is designated as the Freedom of Information Act officer of the Panel. SOURCE: Final Rulemaking published at 34 DCR 6751, 6757 (October 23, 1987). AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter …

313 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the District of Columbia Taxicab Commission Establishment Act of 1985, D.C. Official Code §§ 50-301 to 50-320 (2001).

314 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the District of Columbia Taxicab Commission Establishment Act of 1985, D.C. Official Code §§ 50-301 to 50-320 (2001).

315 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the District of Columbia Taxicab Commission Establishment Act of 1985, D.C. Official Code §§ 50-301 to 50-320 (2001).

316 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the District of Columbia Taxicab Commission Establishment Act of 1985, D.C. Official Code §§ 50-301 to 50-320 (2001).

317 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the District of Columbia Taxicab Commission Establishment Act of 1985, D.C. Official Code §§ 50-301 to 50-320 (2001).

318 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the District of Columbia Taxicab Commission Establishment Act of 1985, D.C. Official Code §§ 50-301 to 50-320 (2001).

319 [RESERVED] AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the District of Columbia Taxicab Commission Establishment Act of 1985, D.C. Official Code §§ 50-301 to 50-320 (2001).

320 GENERAL PROVISIONS REGARDING ADJUDICATORY PROCEEDINGS AND COMPUTATION OF TIME 320.1 The rules of procedure set forth in §§ 320 to 355 and 399 shall govern the following: (a) The form, content, and filing of pleadings in cases heard by the Panel and by hearing panels; (b) Any …

321 HEARINGS AND OTHER ADMINISTRATIVE REVIEW 321.1 A person has a right to a hearing whenever he or she has been aggrieved or adversely affected by any act or refusal to act, or the issuance of any order or decision by the Office which is subject to review by any applicable statu…

322 HEARING ON IMMEDIATE SUSPENSION OF LICENSES TO OPERATE PUBLIC VEHICLES FOR HIRE 322.1 Any person whose license to own or operate a vehicle as a taxicab or a passenger vehicle for hire is immediately suspended by the Chairperson may, unless otherwise provided by law, demand a …

323 HEARINGS AND PROCEEDINGS BEFORE THE HEARING PANELS 323.1 Any of the following persons may request a hearing which shall be granted: (a) A person whose license or licenses to act as a taxicab or passenger vehicle for hire owner or operator has been denied by the Office; (b) A …

324 HEARING PANELS 324.1 Upon the filing of a demand for hearing, the Chairperson shall assign the case to a hearing panel. Thereafter, all motions and procedural requests shall be addressed to the Chairperson or his or her designee who shall preside at the hearing. 324.2 The Cha…

325 DISMISSAL OF HEARINGS 325.1 With the approval of the hearing panel at any time prior to the mailing of notice of the decision, a demand for a hearing may be withdrawn or dismissed upon motion of the party or parties filing the demand for the hearing. 325.2 A party may request…

326 NOTICE AND EFFECT OF DISMISSAL 326.1 Notice of the action of dismissal by the hearing panel shall be given by the Chairperson to the party or mailed to the party at his or her last known address by certified mail, return receipt requested, and, within ten (10) days thereafter…

327 DOCUMENTS FILED IN PROCEEDINGS 327.1 Documents required or permitted by any provision of this chapter shall be filed with the Chairperson at the Office of the Commission. 327.2 Documents may be filed by personal delivery or by mail. 327.3 Unless otherwise specified, documents…

328 FORMAT OF DOCUMENTS FILED IN PROCEEDINGS 328.1 All typewritten documents shall be on strong, durable paper not larger than eight and one-half by eleven inches (81/2 in. x 11 in.) except that other documents may be larger if folded to the size of the document to which they are…

329 CONTENTS OF DOCUMENTS FILED IN PROCEEDINGS 329.1 If there is no rule or order of the Commission, Panel, or Office which prescribes the content of a formal application, petition, complaint, motion, or other authorized or required document, the document shall contain a proper i…

330 SERVICE OF DOCUMENTS 330.1 Formal notices, final orders, and similar documents issued by the Chairperson on behalf of the hearing panel shall be served by the Chairperson on all parties to the proceedings. 330.2 Any document filed by any party with the Chairperson on behalf o…