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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-3. CONSUMER RIGHTS AND RESPONSIBILITIES |
Section 15-326. DECISIONS AND APPEALS
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326.1Within thirty (30) Days after the close of the record, the hearing officer shall issue a written decision which states the issues and makes findings of fact, conclusions of law, and his or her disposition of the matter.
326.2When reviewing the matter for disposition, the hearing officer has available the following remedies:
(a)Upon a factual finding of a complainant’s meritorious claim, the hearing officer may award, as the facts in each individual case may warrant, a refund to Complainant for overpayment to a Utility, Energy Supplier, or Telecommunications Service Provider; a credit to Complainant’s account with a Utility, Energy Supplier, or Telecommunications Service Provider; a reduction in the amount owed on a Bill to a Utility, Energy Supplier, or Telecommunications Service Provider; or any other equitable or injunctive relief as permitted by these rules;
(b)In no instance may a hearing officer award a Complainant compensatory or punitive damages; and
(c)Complaints requesting monetary damages as the sole basis for relief may be dismissed with prejudice by the hearing officer for failure to state a claim upon which relief may granted.
326.3In cases involving billing disputes in which the hearing officer has concluded that all or part of the amount in dispute is owed, the hearing officer may, for good cause stated in the decision, direct that the amount found outstanding be paid in installments.
326.4Copies of the hearing officer’s decision shall be served upon the parties either personally, by regular mail or other technological means on the Day the decision is issued, together with instructions on how to appeal the decision to the Commission and indicating the last date the appeal may be filed.
326.5The decision of the hearing officer shall be final if there is no appeal to the Commission within the time specified in this section.
326.6Any party may appeal the hearing officer’s decision to the Commission by filing a Petition for Review with the Commission Secretary’s Office within ten (10) Days of personal service or service by other technological means or twelve (12) Days of service by mail of the decision.
326.7The appeal shall be signed by the party or his or her designated representative, identifying the decision appealed and specifying the grounds on which the appeal is based.
326.8The appealing party shall serve the opposing party with a copy of the petition for review within one (1) Day of the date of its filing with the Commission. Service may be made personally, by first class mail or other technological means.
326.9The opposing party’s response or cross-appeal shall be filed within seven (7) Days of personal service or other technological means and ten (10) Days of service by first class mail.
326.10Within ten (10) Days of the filing of a Petition for Review, the record shall be prepared, certified as complete and forwarded by the Commission Secretary to the Commission.
326.11The Commission shall review the decision and rule on the Petition for Review within thirty (30) Days after the record is prepared, certified as complete and forwarded by the Commission Secretary.
326.12Upon review of the record, and after giving consideration to the matters raised on appeal in the Petition for Review, the Commission shall:
(a)Adopt the decision of the hearing officer;
(b)Issue a Commission decision;
(c)Remand the matter to the hearing officer for further proceedings; or
(d)Take such other action as the Commission may deem appropriate.
326.13If the Commission is unable to render a decision pursuant to 326.12 within thirty (30) Days, then the hearing officer’s decision becomes the final decision of the Commission. The decision will become final unless a tolling order is issued by the Commission extending the time for the Commission’s decision.
326.14Any party may request reconsideration of a final Commission decision within thirty (30) Days of the issuance of the decision. The filing of such request shall act as a stay upon the execution of the order or decision of the Commission until the Commission takes final action; provided, that upon written consent of the Utility, Energy Supplier, or Telecommunications Service Provider such order or decision shall not be stayed unless otherwise ordered by the Commission. The Commission, within thirty (30) Days after the filing of the request for reconsideration, shall issue an order either granting or denying the request. In granting the request, the Commission shall, either with or without hearing, rescind, modify, or affirm its order or decision. If the Commission is unable to render a decision within thirty (30) Days, and does not issue a tolling order, then the decision of the hearing officer becomes final and is appealable pursuant to § 326.15.
326.15Review of a final Commission decision shall be to the District of Columbia Court of Appeals pursuant to D.C. Code §§ 34-604 and 34-605 (2001). An appeal of any order of the Commission cannot be made unless a request for reconsideration shall have been first made pursuant to section 326.14. Any Person affected by a final order or decision of the Commission may, within sixty (60) Days after final action of the Commission upon request for reconsideration, file with the Clerk of the District of Columbia Court of Appeals a petition of appeal setting forth the reasons for such appeal and the relief sought; at the same time such appellant shall file with the Commission notice in writing of the appeal together with a copy of the petition filed in the Court of Appeals.