Section 16-1509. PETITIONS AND SUMMONSES

 

1509.1If the Director is unable, after a good faith effort to settle a case or cases, the Director shall initiate a proceeding before the Office of Adjudication by filing a petition. The petition and a summons, issued by the Office of Adjudication, shall be served upon each respondent in accordance with §1506 of this chapter.

 

1509.2A summons shall contain at least the following information and instructions:

 

(a)The name, address, and phone number of the Office of Adjudication, and the caption or name of the case and the docket number;

 

(b)An instruction requiring the respondent to answer the petition, including the address where the respondent should file his or her answer;

 

(c)Notice of respondent's right to obtain counsel;

 

(d)Notice of the possibility of a default judgment in the event that the respondent fails to answer the petition or appear at the hearing;

 

(e)The statutory authority for the summons;

 

(f)The time, and place of the hearing; and

 

(g)The signature of the clerk of the Office of Adjudication and the official seal of the Office of Adjudication.

 

1509.3The Office of Adjudication shall notify all parties of a change in a scheduled hearing date by telephone or in writing.

 

1509.4The Office of Adjudication shall prepare a summons for each respondent named in the petition and shall return the original summonses to the petitioner for service of process.

 

1509.5The petition shall contain the following information:

 

(a)A short, concise statement of the legal and factual basis for jurisdiction of the Office of Adjudication over the subject matter of the case and over the parties;

 

(b)The names and addresses of all parties to the action;

 

(c)A short, concise statement of the facts and grounds on which relief is sought; and

 

(d)A prayer for relief.

 

1509.6The Director shall attach to the petition a list of all parties on whom answers, motions, and other papers are to be served, and a copy of the original complaint form(s) filed with DCRA.

 

1509.7The petition may contain multiple grounds or counts. These counts may be in the alternative and may be inconsistent with each other.

 

1509.8Fraud and mistake shall be pleaded with specific supporting facts.

 

source

Final Rulemaking published at 33 DCR 6176, 6180 (October 10, 1986).