Section 18-1008. DISMISSAL OF HEARINGS

 

1008.1With the approval of the examiner at any time prior to the mailing of notice of the decision, a demand for a hearing may be withdrawn or dismissed upon motion of the party or parties filing the demand for the hearing.

 

1008.2A party may request a dismissal by filing a written notice with the examiner or orally stating the request at the hearing.

 

1008.3With the approval of the examiner, a demand for hearing may be dismissed upon its abandonment by the party or parties who filed it.

 

1008.4A party shall be deemed to have abandoned a demand for a hearing if neither the party nor his or her attorney appears at the time and place fixed for the hearing and, prior to the time for hearing, the party has not shown good cause why neither he or she nor his or her attorney can appear.

 

1008.5The examiner may, on his or her own motion, dismiss a hearing demand, either entirely or as to any stated issue, under any of the following circumstances:

 

(a)Where the doctrine of res judicata is applicable because of a final decision either by the Department or by judicial affirmance. Where the grounds asserted for a proposed revocation or suspension have been the subject of a trial and judgment by the Superior Court of the District of Columbia, and that judgment is in favor of the party demanding the hearing, the demand shall be dismissed, the proposal denied, and the license restored, without fee, unless there exists some other encumbrance on the license;

 

(b)Where the party demanding a hearing is not a proper party or does not otherwise have a right to a hearing. This would include, but is not limited to, cases in which an individual has been convicted of an offense following which revocation of the license is mandatory under an applicable statute, or those in which an individual has been convicted of an offense following which suspension of license or registration is mandatory under an applicable statute unless proof of financial responsibility for the future is furnished to the Department;

 

(c)Where the party has failed to file a timely hearing demand pursuant to the provisions of this chapter, and the time for filing the demand has not been extended under the provisions of this chapter;

 

(d)Where a party who filed the hearing demand dies and there is no information before the Examiner showing that an individual who is not a party may be prejudiced by the determination which is the subject of the demand for hearing; or

 

(e)Where the Examiner, in his or her opinion, finds that a petition filed in any proceeding does not raise a question of fact or the claim or prayer is frivolous.