Section 14-4011. INTERLOCUTORY APPEALS

 

4011.1Rulings of a hearing examiner may not be appealed during the course of a hearing unless the hearing examiner certifies the ruling for review by the Commission.

 

4011.2A party may move the hearing examiner to certify to the Commission an interlocutory appeal of a ruling or order other than a final decision and order.

 

4011.3The hearing examiner shall certify an interlocutory appeal only if he or she determines that the issue presented is of such importance to the proceeding that it requires the immediate attention of the Commission, and only if the following are shown:

 

(a)The ruling involves an important question of law or policy requiring interpretation of the Act or this title, and about which there is substantial basis for difference of opinion; and

 

(b)Either of the following applies:

 

(1)An immediate ruling will materially advance the completion of the proceeding; or

 

(2)Denial of an immediate ruling will cause undue harm to the parties or the public.

 

4011.4A party seeking review by interlocutory appeal shall file a motion for certification within two (2) days of a ruling by the hearing examiner. The hearing examiner shall rule on the motion within five (5) days following the filing of the motion.

 

4011.5If certification is denied, the ruling may be raised as part of an appeal of the final decision of the Rent Administrator.

 

4011.6The hearing examiner may suspend the RACD hearing during the time an interlocutory appeal is pending.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1368 (March 7, 1986).