Section 18-1044. APPEALS BOARD REVIEW OF DECISIONS

 

1044.1An Appeals Board shall review decisions of examiners as provided in Title IV of the Traffic Adjudication Act.

 

1044.2No person on the Appeals Board shall review any of his or her own orders or acts.

 

1044.3In considering issues raised on review by the party or parties which relate to findings of fact or conclusions of law in the order or decision of the examiner, the Appeals Board will consider only the following issues:

 

(a)Whether a finding of a material fact is erroneous;

 

(b)Whether a substantial and important question of law, policy, or discretion has been erroneously interpreted or applied;

 

(c)Whether prejudicial error has occurred; and

 

(d)Whether a prejudicial abuse, misuse, or failure to use discretion has occurred.

 

1044.4If the Appeals Board determines that the examiner erred in any respect or that his or her order or decision should be changed, the Board may make any necessary findings or order in lieu thereof, or remand the case for further hearing.

 

1044.5The Appeals Board may modify, set aside the order or decision, in whole or in part, or take any other action authorized in this title.

 

1044.6As soon as practical after the issues on review have been considered, the Appeals Board shall prepare a final order which shall set forth the action of the Board and its reasons therefor.

 

1044.7A copy of the order shall be given to each party or his or her attorney of record.

 

source

Final Rulemaking published at 48 DCR 7316 (August 10, 2001).