Section 21-422. FINAL DECISIONS  


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    422.1The hearing officer shall issue a final decision containing a concise statement of facts and conclusions of law.

     

    422.2The final decision shall include specific findings on each issue of fact and shall be based upon reliable, probative, and substantive evidence. Mere conclusory assertions or summaries of evidence shall not constitute a sufficient basis for findings or fact within the meaning of this section.

     

    422.3The final decision of the hearing officer shall be based upon consideration of the entire record of the proceeding, and no evidence, information, or other knowledge, except that of which official notice is taken, shall be considered.

     

    422.4If the hearing officer rules in favor of the owner or occupant, and finds that the owner or occupant has made payments in excess of the amount due, the appropriate portion of the deposit or escrow funds, plus any accrued interest, shall be credited to the owner or occupant's account within fifteen (15) days of the notice of decision and the balance shall be refunded to the party who posted the surety bond or made the deposit.

     

    422.5If the hearing officer rules in favor of the Utility, and finds that the owner or occupant has outstanding water and sewer charges, the owner or occupant shall be required to pay the difference between the amount in escrow and the amount of outstanding charges, penalties, interest, and fees within fifteen (15) days of the notice of the decision.

     

source

Final Rulemaking published at 40 DCR 1300, 1318 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).