Section 21-416. DISMISSAL OF HEARINGS

 

416.1A petitioner may request a dismissal by filing a written petition with the hearing officer or orally requesting dismissal at the hearing.

 

416.2The hearing officer 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 matter has previously been the subject of a hearing or the petitioner has previously been afforded an opportunity for a hearing on the same matter, and the owner or occupant has failed to preserve his or her right to a hearing;

 

b)Where the owner or occupant demanding a hearing is not a lawful owner or occupant or does not otherwise have a right to a hearing. This would include, but is not limited to, cases in which the individual is not the owner or occupant as defined in D.C. Law 8-136;

 

c)Where the petitioner has failed to file a timely hearing demand pursuant to the provisions of this chapter; and

 

d)Where the hearing officer, in his or her opinion, finds that a petition filed in any proceeding does not raise a question of fact or law or the claim is frivolous.

 

416.3The dismissal shall be in the form of an order by the hearing officer, which shall contain a statement of facts and law and the reason for the dismissal. No such order shall be necessary where all the parties have expressly requested the dismissal.

 

416.4The dismissal order shall be given to the parties or mailed to them at their last known address.

 

source

Final Rulemaking published at 40 DCR 1300, 1314 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743(February 23, 2001).