Section 17-4122. JUDICIAL REVIEW: RECORD ON APPEAL  


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    4122.1A party aggrieved by a decision of a board issued after a hearing may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Official Code §§1-1501 to 1-1511 (1981 ed. & 1987 Supp.).

     

    4122.2Upon receipt by a board of a notice of appeal, the chairperson shall promptly acknowledge receipt, advise the Director of that receipt, and request the Director to compile, index, and transmit to the board the originals or copies of all documents pertinent to the appeal, including the following:

     

    (a)A copy of the decision or order from which an appeal is taken, together with any findings of fact and conclusions of law on which the decision or order is based;

     

    (b)All documents relied on by the board, including any relevant documents timely submitted to the board by the respondent or by other parties to the hearing; and

     

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

     

    4122.3The Director shall provide to all parties to the appeal a copy of the Director's index of the record on appeal.

     

    4122.4The record may be shortened if, with permission of the court, all parties to the review proceedings so stipulate.

     

    4122.5The documents transmitted pursuant to this section, and any supplements to the documents, shall be available for inspection by the parties at a location designated by the Director.

     

     

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, 5894 (September 11, 1987).