Section 17-1729. THE HEARING EXAMINER

 

1729.1The Director shall appoint an Administrative Law Judge, attorney examiner, or Hearing Examiner to conduct a hearing pursuant to § 103(c) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.03).

 

1729.2The Hearing Examiner conducting a hearing has all of the powers and duties enumerated in § 1725 of this chapter.

 

1729.3The Hearing Examiner, upon being appointed by the Director, shall be responsible for all matters pertaining to the hearing, including but not limited to the following:

 

(a)Establishing a hearing file;

 

(b)Setting a date, time, and place for the hearing;

 

(c)Conducting the hearing in a fair and impartial manner;

 

(d)Making proposed findings of fact and conclusions of law; and

 

(e)Forwarding the proposed findings of fact and conclusions of law to the Director for final decision.

 

1729.4After hearing the evidence, a Hearing Examiner shall, within forty-five (45) days of the hearing, submit a recommended decision to the Director. At the same time, the Hearing Examiner shall serve the respondent with a copy of the decision and send a copy of the decision to the Corporation Counsel.

 

1729.5A decision of a Hearing Examiner adverse to a respondent shall contain the following:

 

(a)Findings of fact;

 

(b)Conclusions of law based on the findings of fact and application of the laws; and

 

(c)A recommended order.

 

1729.6The Director may accept or reject the recommended decision of a Hearing Examiner in whole or in part.

 

1729.7Except as provided in § 1729.8, the Director, within thirty (30) days of the recommended decision of the Hearing Examiner, shall render a decision and notify the respondent and the Corporation Counsel of the action.

 

1729.8If the decision of a Hearing Examiner is adverse to the respondent, the Hearing Examiner, before issuing a final decision, shall serve the respondent with a copy of a proposed decision and give the respondent an opportunity to file exceptions, and written argument in support thereof, with the Director within ten (10) days of the date of service.

 

1729.9The Hearing Examiner shall consider any exceptions and argument filed by a respondent pursuant to § 1729.8 in issuing a final decision. If the respondent does not file exceptions within the required period, the proposed decision of the Hearing Examiner shall become the final decision of the Hearing Examiner.

 

source

Final Rulemaking at 50 DCR 9549 (November 14, 2003).