Section 17-4114. HEARINGS BY ADMINISTRATIVE LAW JUDGES

 

4114.1A 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. Official Code § 6-2703(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.

 

4114.2The ALJ conducting a hearing has the powers and duties given to the board by this chapter and the Act, except the power to render a final decision.

 

4114.3After hearing the evidence, an ALJ shall, within thirty (30) days of the hearing, submit a recommended decision to the 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.

 

4114.4A recommended decision of an ALJ 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.

 

4114.5A board may accept or reject the recommend decision of an ALJ in whole or in part.

 

4114.6Except as provided in § 4114.7, a board, within thirty (30) days of the recommended decision of the ALJ, shall render a decision and notify the Director, the respondent, the ALJ, and the Corporation Counsel of the action.

 

4114.7If the decision of the board is adverse to the respondent, 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.

 

4114.8A board shall consider any exceptions and argument filed by a respondent pursuant to § 4114.7 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.

 

4114.9A 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, 5885 (September 11, 1987).