Section 17-3316. FAILURE TO REQUEST A HEARING OR FAILURE TO APPEAR  


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    3316.1If a respondent who was sent a notice of a proposed action pursuant to § 3315 does not mail or deliver a request for a hearing within the time and in the manner required under that section, a board may, without a hearing, take the action contemplated in the notice.

     

    3316.2If a respondent scheduled for a hearing does not appear for the hearing, and no continuance has been granted, a board may receive evidence and hear testimony and may render a decision on the basis of evidence before it.

     

    3316.3The board may, prior to rendering a decision, upon written request of the respondent and payment of the required fee, send a copy of the transcript or summary of the hearing to the respondent and request proposed findings of fact and conclusions of law from the respondent.

     

    3316.4The board shall inform the parties of an action taken under this section.

     

    3316.5A decision of a board shall be supported by substantial, reliable, and probative evidence pursuant to D.C. Official Code § 1-1509(c) (1981 ed.).

     

    3316.6If, because of accident, sickness, or other good cause, a respondent does not receive notices of a hearing or fails to appear for a hearing, the respondent may, within fifteen (15) days from the date a service of the decision, file a petition with the Board in accordance with § 3334 of this chapter to request that the hearing be reopened.

     

     

authority

Section 1002 of the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261, § 1002; D.C. Official Code § 47-2853.10(a)(12) (2015 Repl.)), Section 22a of the Budget Support Act of 2001, effective October 3, 2001 (D.C. Law 14-28, § 902(c); D.C. Official Code § 3-420 (2012 Repl.)), Mayor’s Order 2000-70, dated May 2, 2000, and Mayor’s Order 2007-216, dated October 5, 2007.

source

Final Rulemaking published at 35 DCR 3488, 3501 (May 13, 1988); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016).