Section 28-2013. ANSWER AND HEARING DATE  


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    2013.1Within twenty (20) days after service of a notice of proceeding, the judge may file an answer with the Commission.

     

    2013.2 Upon the filing of an answer, unless good reason to the contrary appears in the answer, or if no answer is filed within the time for its filing, the Commission shall order a hearing to be held before it concerning the matters specified in the notice of proceeding.

     

    2013.3 The Commission shall set a time and place for the hearing and shall mail a notice of the hearing time and place to the judge by registered or certified mail addressed to the judge at his or her chambers at least thirty (30) days prior to the date set.

     

    2013.4 The Chairperson may extend the time either for filing an answer or for the commencement of a hearing for periods not to exceed thirty (30) days in the aggregate.

     

    2013.5The notice of proceeding and the answer shall constitute the pleadings.  No further pleadings or motions shall be filed.

     

    2013.6 The judge shall include in the answer all procedural and substantive defenses and challenges which the judge desires the Commission to consider.

     

    2013.7 The Commission may rule on the defenses and challenges at the outset of the hearing or may take them under advisement to be determined during,
    at the close of, or at a time subsequent to the hearing.

     

     

authority

D.C. Court Reform and Criminal Procedure Act of 1970, effective July 29, 1970 (84 Stat. 473, 91 Pub. L. 91-358; D.C. Official Code, § 11-1525(a) (2012 Repl.)) and § 431(d)(3) of the District of Columbia Self Government and Governmental Reorganization Act, effective December 24, 1973 (87 Stat. 774, Pub.L. 93-198).

source

Final Rulemaking published at 24 DCR 9391, 9395 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017).