eLaws | eCases | District of Columbia | DC Code | DC Courts | Code of Federal Regulations |
 D.C. Municipal Regulations (Last Updated: September 13, 2017)
 Title 1. MAYOR AND EXECUTIVE AGENCIES
 Chapter 1-28. OFFICE OF ADMINISTRATIVE HEARINGS: RULES OF PRACTICE AND PROCEDURE

  Section 1-2817. VOLUNTARY DISMISSALS OF CASES  

Latest version.

  •  

    2817.1The 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. 

     

    2817.2An opposing party who objects to the voluntary dismissal of a case may file a motion for reconsideration as provided in Section 2828.

     

    2817.3The parties may file a joint motion for dismissal of a case with or without prejudice.

     

    2817.4Dismissal under this Section shall be without prejudice, unless an Administrative Law Judge orders otherwise.  A dismissal with prejudice may occur:

    (a)If the party requesting dismissal has previously dismissed the claim;

     

    (b)If the motion for dismissal is made pursuant to a settlement that does not specifically require dismissal without prejudice; or

     

    (c)In order to prevent harm to the other side.

     

     

authority

Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) (2012 Repl.)).

source

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).