Section 17-4113. HEARINGS BY PANELS OF A BOARD

 

4113.1A board may authorize a panel of no less than three (3) members of the board to conduct a hearing in any matter that the board is authorized to conduct a hearing under this chapter.

 

4113.2The panel of the board shall have the powers and duties given to the board by this chapter and the Act, except the power to render a final decision.

 

4113.3After 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 and send a copy of the decision to the Corporation Counsel.

 

4113.4A recommended decision of a panel 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.

 

4113.5A board may accept or reject the recommended decision of the panel in whole or in part.

 

4113.6Except as provided in § 4113.7, a board, within sixty (60) days of the hearing, shall render a decision and notify the Director, the respondent and the Corporation Counsel of the action.

 

4113.7If the decision of the board is adverse to the respondent and the panel that heard the case did not constitute a majority of the members of the board, the board, prior to issuing a final decision, shall serve the respondent with a copy of the 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.

 

4113.8A board shall consider any exceptions and argument filed by a respondent pursuant to § 4113.7 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.

 

4113.9A board may, with the agreement of all parties, extend the sixty (60) day period in which it is required to render a decision pursuant to § 519(h) of Act, D.C. Official Code § 2-3305.19(h) (1987 Supp.).

 

 

authority

Sections 302(13) and (14) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 2-3303.2(13) and (14) (1981 ed.)), and Mayor’s Order No. 86-110, dated July 19, 1986.

source

Final Rulemaking published at 34 DCR 5872, 5884 (September 11, 1987).