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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 17. BUSINESS, OCCUPATIONS, AND PROFESSIONALS |
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Chapter 17-33. GENERAL RULES: FUNERAL DIRECTORS, VETERINARIANS, INTERIOR DESIGNERS AND REAL ESTATE APPRAISERS |
Section 17-3328. HEARINGS BY ADMINISTRATIVE LAW JUDGES
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3328.1A board may delegate its authority to conduct a hearing to an ALJ pursuant to § 103(c) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code § 2703(c) (1987 Supp.), by notifying the Director in writing of the name of the case and the decision of the board to delegate its authority to conduct the hearing.
3328.2The ALJ conducting a hearing has all of the powers and duties of a board, except the power to render a final decision.
3328.3After hearing the evidence, an ALJ shall, within forty-five (45) days, or one-half of the maximum period specified in an Act listed under § 3300.1, of the hearing, whichever is shorter, submit a recommended decision to a board. At the same time, the ALJ shall serve the respondent with a copy of the decision and send a copy of the decision to the Corporation Counsel.
3328.4A recommended decision of an ALJ 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.
3328.5A board may accept or reject the recommended decision of an ALJ in whole or in part.
3328.6Except as provided in § 3328.7, a board, within thirty (30) days of the recommended decision of the ALJ, shall render a decision and notify the Director, the respondent, and the Corporation Counsel of the action.
3328.7If the decision of a board is adverse to the respondent, the board, prior to 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 board within ten (10) days of the date of service.
3328.8The 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 the board.