Section 17-3336. ADMINISTRATIVE APPEALS TO A BOARD OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE

 

3336.1This section shall apply to appeals to a board from decisions of ALJ's by persons found to have committed an infraction involving a violation of an Act listed in § 3300.1, rules promulgated pursuant thereto, or any other act regulating the person's occupation or profession, which decisions were made pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code §§ 6-2701 to 6-2723 (1987 Supp.).

 

3336.2A notice of appeal from a decision issued by an ALJ shall be sent to the address stated in the decision and shall be delivered or postmarked within fifteen (15) days from the date of service of the final decision.

 

3336.3A notice of appeal of a decision shall include the following information:

 

(a)That an appeal has been taken;

 

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

 

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

 

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

 

(e)The signature of the respondent of the respondent's counsel.

 

3336.4Upon receipt of a notice of appeal, the Director shall promptly acknowledge receipt and compile and index documents pertinent to the appeal, including the following:

 

(a)A copy of the decision from which the appeal is taken;

 

(b)All documents relied on by an ALJ, including any relevant documents timely submitted to the ALJ by a respondent or by other parties to the proceedings; and

 

(c)A transcript or summary of all testimony given or statements made during the course of any proceedings, conferences, or investigations concerning the matter in dispute, conducted by the ALJ prior to the filing of the notice of appeal.

 

3336.5The Director shall transmit the notice of appeal and the documents described in §§ 3336.4(a) and (b) to the board within ten (10) days of the Director's receipt of the notice of appeal. The Director shall transmit the transcript or summary described in § 3338.4(c) as soon as practicable after the transcript or summary is completed.

 

3336.6The Director shall send the parties a copy of the Director's index of the record on appeal.

 

3336.7The documents transmitted pursuant to this section, and any supplements thereto, shall be available for inspection by the parties at a location designated by the Director.

 

3336.8The record may be shortened or summarized if, with permission of the board, all parties to the review proceedings so agree.

 

3336.9The Director, on motion of a party, or on the Director's own motion, may require or permit a party to supplement the documents transmitted pursuant to this section.

 

3336.10A board may, in its discretion, permit the parties to appear before it and present oral argument before the board in accordance with such limitations as to time of argument or other restrictions as a board may prescribe.

 

3336.11The board acting pursuant to this section may affirm, modify, vacate, set aside, or reverse any order or decision of an ALJ.

 

3336.12A board may hold unlawful and set aside any order or decision of law of an ALJ that it finds to be:

 

(a)Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

 

(b)In excess of statutory authority or authority under this chapter;

 

(c)Without observance of procedures provided by statute or this chapter; or

 

(d)Unsupported by a preponderance of the evidence in the record of the hearing.

 

3336.13A party may petition a board to reconsider its decision in accordance with § 3333.

 

source

Final Rulemaking published at 35 DCR 3488, 3514 (May 13, 1988).