Section 16-3118. ADMINISTRATIVE APPEALS

 

3118.1 This section shall apply to all appeals from decisions of ALJ or attorney examiners issued pursuant to this Act, except for appeals made to the District of Columbia Board of Appeals and Review.

 

3118.2 A notice of appeal from a decision issued by an ALJ or attorney examiner shall be submitted in person or postmarked within fifteen (15) days from the date of service of the final decision.

 

3118.3 A notice of appeal of a decision shall include the following information.

 

(a)That an appeal is taken;

 

(b)A copy or identification of the final decision from which the appeal is taken;

 

(c)A concise statement indicating why the respondent believes the final decision is wrong;

 

(d)The full name, street address, and telephone number of the respondent and the respondent's attorney or agent, if any; and

 

(e)The signature of the respondent, an officer of the respondent corporation, a partner of the respondent partnership, or respondent's attorney or agent.

 

3118.4 A notice of appeal may be submitted in person to the following address between the hours of 8:30 a.m. to 4:00 p.m., Monday through Friday, except legal holidays:

Department of Consumer and Regulatory Affairs Office of Civil Infractions

941 North Capitol Street, N.W., 9th floor

Washington, D.C. 20002 

 

3118.5 A notice of appeal may be mailed to the following address:

 

Department of Consumer and Regulatory Affairs Office of Civil Infractions

941 North Capitol Street, N.W., 9th floor

Washington, D.C. 20002 

 

3118.6 The Director shall transmit a notice of appeal, within one week of its receipt, to the appropriate board or commission along with a copy of the decision from which the appeal is taken.

 

3118.7 Appeals involving infractions of the Alcoholic Beverage Control Act, D.C. Code §25-101 et seq., or rules issued pursuant thereto shall be heard by the District of Columbia Alcoholic Beverage Control Board.

 

3118.8 Appeals involving infractions of laws or rules governing occupations or professions shall be heard by the appropriate occupational or professional board or commission.

 

3118.9 Appeals involving infractions of the Rental Housing Act of 1985, D.C. Code §§45-2501 et seq., or rules issued pursuant thereto shall be heard by the District of Columbia Rental Housing Commission.

 

3118.10 Appeals involving infractions of laws relating to zoning, D.C. Code §§5-601 et seq., and rules issued pursuant thereto, shall be heard by the District of Columbia Board of Zoning Adjustment.

 

3118.11 Appeals involving infractions of law and rules not within the scope of §§3118.7 to 3118.10 shall be within the jurisdiction of the Board of Appeals and Review.

 

3118.12 A respondent shall pay a filing fee of ten dollars ($10) plus the cost of preparing a transcript at the time a notice of appeal is filed.

 

3118.13 An administrative appeal filed by a respondent who has admitted an infraction with explanation shall be limited in scope to a determination of whether the monetary sanctions imposed were within the limitations prescribed by law.

 

3118.14 A final decision that has not been appealed within fifteen (15) calendar days from the date of service shall become a final order.

 

source

Final Rulemaking published at 34 DCR 5718, 5731 (September 4. 1987); as amended by Final Rulemaking published at 49 DCR 4995 (May 31, 2002).