Section 17-3327. HEARINGS BY PANELS OF A BOARD  


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    3327.1A board may authorize a panel of no less than three (3) members of a board to conduct a hearing in any matter that the board is authorized to conduct a hearing.

     

    3327.2The panel of the board shall have the powers and duties given to the board by this chapter and the applicable Act listed in § 3300.1, except the power to render a final decision.

     

    3327.3After hearing the evidence, the panel shall submit a recommended decision to the board. At the same time, the board shall serve the respondent with a copy of the decision in accordance with § 3318 and send a copy of the decision to the Corporation Counsel.

     

    3327.4A recommended decision of a panel 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.

     

    3327.5A board may accept or reject the recommended decision of the panel in whole or in part.

     

    3327.6If the decision of a board is adverse to the respondent, and the panel that heard the case did not constitute a majority of the members of a board, the board, prior to issuing a final decision, shall serve the respondent with a copy of a proposed decision and give a respondent an opportunity to file exceptions, and written argument in support thereof, with the board within ten (10) days of the date of service.

     

    3327.7A board shall consider any exceptions and argument filed by a respondent pursuant to § 3327.7 in issuing a final decision. If the respondent does not file exceptions within the required period, the proposed decision of the board shall become the final decision of a board.

     

source

Final Rulemaking published at 35 DCR 3488, 3508 (May 13, 1988).