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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 14. HOUSING |
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Chapter 14-38. COMMISSION OPERATIONS AND PROCEDURES |
Section 14-3805. STAY PENDING APPEAL
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3805.1A party appealing a final decision of the Rent Administrator which awards other than the payment of money as provided in §§ 3802.10 and 3802.11 may seek a stay of the final decision by filing a motion which complies with the provisions of this section and § 3814.
3805.2A motion for a stay shall be filed within the time prescribed for filing a notice of appeal pursuant to § 3802.2. If a motion for stay is not timely filed, the final decision of the Rent Administrator shall be effective and the Commission may refer the matter for compliance procedures.
3805.3The motion shall include arguments on the following:
(a)The likelihood of eventual success of the moving party;
(b)The likelihood of irreparable injury to either party;
(c)The balancing of injury as between the moving party and the other party(ies); and
(d)The effect of a stay on the public interest.
3805.4Pursuant to § 3814.6, the Commissioner assigned to decide the motion for stay, shall decide the motion without a hearing within ten (10) days after the motion is filed; the failure of the Commissioner so assigned to decide within the time limit provided shall constitute a denial of the motion.
3805.5All parties to an appeal are required to comply with the decision or order appealed from, except when the parties meet the requirements of §§ 3802.10 and 3802.11, or except when a stay has been granted by the Commission pursuant to § 3805.1.
3805.6If a party comes before the Commission at a hearing on appeal and the provisions of §§ 3802.10, 3802.11 or 3805.5 have not been met, the Commission may decide the appeal or may refer the non-compliance to the Rent Administrator for action.
3805.7Where a party who has filed a petition for review of a final decision and order of the Commission with the District of Columbia Court of Appeals seeks a stay from the Commission, in the first instance, pursuant to the Rules of the District of Columbia Court of Appeals, the Commission may grant a stay based upon the grounds set forth in § 3805.3.