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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 16. CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS |
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Chapter 16-15. CONSUMER PROTECTION PROCEDURES ACT PROCEDURAL RULES |
Section 16-1599. DEFINITIONS
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1599.1When used in this chapter, the following terms and phrases shall have the meanings ascribed:
Act - the D.C. Consumer Protection Procedures Act, D.C. Code §28-3901 et seq., (1981).
ALJ - the Administrative Law Judge for the D.C. Department of Consumer and Regulatory Affairs.
Case - the formal proceedings initiated by the filing of a complaint and terminated either by settlement between the parties and Director or by a decision issued by the Office of Adjudication.
Complainant - a person, or his or her representative, who participated as a consumer in a trade practice about which a complaint is filed.
Complaint - a formal request for assistance filed by a complainant and directed to the Department.
Consent Decree - an agreement entered into by all parties to resolve a complaint either before, during or after a hearing.
Court of Appeals - District of Columbia Court of Appeals.
D.C. - the District of Columbia.
DCRA or Department - the D.C. Department of Consumer and Regulatory Affairs. Director - the Director of the Department of Consumer and Regulatory Affairs.
Division of Enforcement - the Division of the Office of Compliance responsible for filing petitions.
Division of Investigation - the Division of the Office of Compliance responsible for investigating consumer complaints.
Fraud - misrepresentation of a present or past fact made by a respondent, with action in reliance thereupon by the complainant from such misrepresentation. This misrepresentation need not be communicated orally but can be such as to lead a reasonable person to believe such facts exist.
Mediation - to clear up misunderstandings, determine underlying concerns, find areas of agreement and, ultimately, incorporate these agreements into solutions created by the parties themselves.
Mistake - can be either of fact or of law, and exists when a person under some erroneous conception of law or fact does or omits some act which, but for the erroneous conception, he or she would not have done or omitted. Mistake of fact or law, other than mutual mistake, is not a defense.
Office of Compliance - is the unit within the Department of Consumer and Regulatory Affairs which provides investigatory and enforcement activities based upon complaints received by the Department.
Order - Decision and Order - the judgment rendered by the ALJ after a hearing has been held.
Party - the Department as Petitioner, the Respondent, the Complainant, or any person who has been permitted by the Office of Adjudication to intervene in the proceeding before the ALJ, or has been joined in the proceeding by the Office of Adjudication.
Person - an individual, firm, corporation, partnership, cooperative, association, or any other organization, legal entity, or group of individuals however organized.
Petition - a request for a hearing before, and a demand that remedies be ordered by, the ALJ.
Petitioner - the Department when it has requested a hearing before, and a demand that remedies be ordered by, the ALJ.
Superior Court - the Superior Court for the District of Columbia.