Section 22-B1109. DECISIONS

 

1109.1Within ten (10) days of the close of the hearing or as soon thereafter as it is practicable, the hearing officer shall notify the applicant or registrant of the proposed decision in the case. A copy of the notice shall be sent to the Director if the Director did not personally hear the case.

 

1109.2The notice of the proposed decision shall contain the following:

 

(a)A statement of proposed findings of fact and conclusions of law;

 

(b)A statement that these findings and conclusions shall become final unless a motion for rehearing or reconsideration is received within ten (10) days of the service of the proposed decision; and

 

(c)A statement as to respondent's appeal rights.

 

1109.3The findings shall include specific findings on each relevant contested issue of fact. Proposed findings of fact shall, if set forth in statutory language, include a concise and explicit statement of the underlying fact supporting them.

 

1109.4Findings of fact and conclusions of law shall be supported by and shall be in accordance with reliable, probative, and substantial evidence.

 

1109.5Decisions made by a hearing examiner shall be made in consideration of the entire record of the proceeding, or upon such portion of the record of the proceeding as may be agreed upon by all the parties to the proceeding, and no evidence, information, or other knowledge, except that of which official notice is taken shall be considered.

 

1109.6A proposed decision shall become final unless a motion for a rehearing or reconsideration is received from respondent within ten (10) days of service of the proposed decision on respondent or unless otherwise directed by the Director.

 

1109.7At the expiration of the period for filing a motion for rehearing or reconsideration the Director may, on the Director's own motion or order, do any of the following:

 

(a)Issue a final decision and order; or

 

(b)Remand the matter for further proceedings.

 

1109.8A final decision of the Director shall include findings of fact and conclusions of law in conformity with the District of Columbia Administrative Procedure Act, D.C. Code, 2001 Ed. §§2-501 to 2-510, and these rules.

 

1109.9A copy of the decision or order shall be delivered or mailed by certified mail, return receipt requested, to each party and their attorney of record. Notice shall be effective as provided in §§1101.7 and 1101.8.

 

1109.10The final decision shall contain a statement of respondent's appeal rights.

 

source

Final Rulemaking published at 33 DCR 1046, 1062 (February 21, 1986).