Section 1-510. REVIEW ON THE BASIS OF THE RECORD

 

510.1Review by a hearing committee shall be on the basis of the record established before the Director in the following cases:

 

(a)Where neither the Constitution, nor a statute, nor a regulation adopted by the Council of the District of Columbia, nor an order of the Mayor requires the Board to hold an evidentiary hearing; or

 

(b)Where a statute, or a regulation adopted by the Council of the District of Columbia, or an order of the Mayor requires that review by the Board be exclusively on the basis of the record previously established.

 

510.2After the record has been filed pursuant to § 505, the hearing committee shall establish a briefing schedule.

 

510.3Briefs shall meet the following requirements:

 

(a)Each brief shall be typewritten on business size (8 ½ x 11) paper;

 

(b)Each brief shall contain the name and docket number of the case;

 

(c)All typing shall be doubled-spaced, except footnotes and quotations which may be single-spaced and indented;

 

(d)Each brief shall be signed by the party on whose behalf it is filed or by that party’s representative or attorney;

 

(e)Each brief shall contain or be accompanied by a certificate of service showing the method and date of service on each party separately represented; and

 

(f)An original and three (3) copies of each brief shall be filed with the Board.

 

510.4In addition to the requirements set forth in § 510.3, the appellant’s brief shall contain the following:

 

(a)A table of contents, with page references, and a table of cases alphabetically arranged with asterisks placed before the cases chiefly relied upon, and statutes, rules, regulations, and other authorities cited, with references to the pages of the brief where they are cited;

 

(b)A statement of the issues presented for review;

 

(c)A statement of the facts of the case. A statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition by the Director. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record.

 

(d)An argument which may be preceded by a summary. The argument shall contain the contentions and the reasons therefor, with citations to the authorities, statutes, and parts of the record relied on; and

 

(e)A short conclusion stating the precise relief sought.

 

510.5The appellee’s brief shall conform to all the requirements of § 510.4, except that a statement of the issues or of the facts of the case need not be made unless the appellee chooses to do so.

 

510.6The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross-appeal. No further briefs may be filed except by leave of the hearing committee.

 

510.7It shall be the general policy of the Board to permit the parties to present oral argument, but any case may, by written stipulation of the parties, be submitted on the briefs unless the hearing committee directs the parties to present oral argument.

 

510.8When notifying the parties of the date and time of the argument, the hearing committee shall specify the time allowed for argument. An appellant shall be entitled to present an opening argument; an appellee shall be entitled to present an answering argument; and an appellant shall be entitled to present a reply argument.

 

510.9Not more than two (2) counsel may be heard for each party in the argument of the appeal, except by leave of the hearing committee, upon good cause shown.

 

510.10If an appellant fails to file a brief in a timely manner, an appellee may move for dismissal of the appeal.

 

510.11If the appellee fails to appear to present argument, the hearing committee shall hear argument on behalf of the appellant, if the appellant has filed a brief and wishes to present argument. If the appellant fails to appear, the hearing committee shall hear argument on behalf of the appellee, if the appellee has filed a brief and wishes to present argument. If neither party appears, the case shall be decided on the briefs unless the hearing committee directs otherwise.

 

510.12If a brief has been filed for the appellant only and no counsel appears to present oral argument on behalf of the appellant, the case may be regarded as submitted.

 

510.13If no brief has been filed for the appellee, the appellee may be heard on oral argument only by permission of the hearing committee.

 

510.14When review is on the basis of the record developed before the Director, the hearing committee may affirm, reverse, or modify the order of the Director, or may vacate the order and remand the case to the Director for further proceedings. The hearing committee may reverse the decision of the Director only when the hearing committee concludes that the Director’s decision is one or more of the following:

 

(a)Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

 

(b)Contrary to constitutional right, power, privilege, or immunity;

 

(c)In excess of statutory jurisdiction, authority, or limitations, or short of statutory jurisdiction, authority, or limitations, or short of statutory rights;

 

(d)Without observance of procedure required by law; or

 

(e)Unsupported by substantial evidence in the record of the proceedings before the hearing committee.

 

source

Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2947-50 (May 16, 1997).