Section 28-1012. APPEALS: INVESTIGATION AND DECISION

 

1012.1When an appeal is based on substantive grounds, the Board (or an Appeals Committee of the Board) shall give substantial weight to the conclusions reached by the Grants Committee of the Board.

 

1012.2In order for a substantive appeal to be justified, an applicant's appeal shall establish that the Board's decision is based on a clear mistake of fact with respect to the project described in the application.

 

1012.3The applicant shall have no basis for appeal when the reason for denial is that the application involved in the appeal did not address a problem identified by the Board in the most recently approved Comprehensive Plan.

 

1012.4Upon receipt of an appeal request, the Office of Criminal Justice Plans and Analysis may undertake an administrative investigation to gather information, establish facts, and attempt to resolve the appeal. The investigation may also provide the basis for a recommendation by the OCJPA to the Board or Appeals Committee.

 

1012.5All appeals shall be considered by the Criminal Justice Supervisory Board or Appeals Committee within a maximum of sixty (60) days of receipt.

 

1012.6To ensure compliance with the time limit requirement of § 1012.5, the Chairperson or Vice Chairperson of the Criminal Justice Supervisory Board may appoint a five (5) person Appeals Committee composed entirely of members of the Board, and designate the chairperson of that Committee.

 

1012.7Three (3) members of the Appeals Committee shall constitute a quorum. Decisions of the committee shall be by majority vote.

 

1012.8If an Appeals Committee is used to hear applicant appeal(s), the recommendation of the Appeals Committee shall be reported to and either ratified, modified, or rejected by the full Board at its next scheduled meeting.

 

1012.9The Board, or an Appeals Committee, shall take whatever action upon an appeal that it considers to be in the best interests of the criminal justice planning program of the District of Columbia.

 

1012.10The final Board action concerning an appeal shall be reported in writing to the appellant applicant by the Office of Criminal Justice Plans and Analysis within five (5) days following the action. The findings and determination of the Board on an appeal shall be final.

 

1012.11When subgrant appeals are under consideration by the Criminal Justice Supervisory Board or Appeals Committee, the Mayor or his or her designee may attend the Board or Appeals Committee meeting and may, when he or she deems it appropriate, exercise the statutory authority vested in the Mayor by § 203(a) of Title I of the Omnibus Crime Control and Safe Streets Act to make final decisions on the award of LEAA funds.

 

source

Final Rulemaking published at 27 DCR 1111, 1119-20 (March 14, 1980).