 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 3. ELECTIONS AND ETHICS |
|
Chapter 3-4. HEARINGS |
Section 3-428. FINAL DECISION
-
428.1Within a reasonable time after the conclusion of the hearing, the Board shall render its decision setting forth findings of fact and conclusions of law and giving the reasons for the decision.
428.2There shall be a written decision setting forth findings of fact and conclusions of law and giving the reasons for the decision.
428.3The conclusions or opinion in the decision shall be governed by and based upon all the evidence adduced at the hearing.
428.4A decision shall be supported by substantial evidence on the record. Pursuant to the substantial evidence rule, courts will uphold an administrative determination of fact if on the entire record the determination is rationally supportable and could have been arrived at reasonably.
428.5The decision shall be served promptly on all parties or their representatives.
428.6If the Board determines that there is a violation of any provision of Title III of the Help America Vote Act of 2002, the Board shall provide the appropriate remedy.
428.7If the Board determines that there is no violation of Title III of the Help America Vote Act of 2002, the Board shall dismiss the complaint and publish the results of the hearing on the Board’s website.
428.8The Board shall render final determinations with respect to complaints alleging violations of Title III of the Help America Vote Act of 2002 prior to the expiration of the 90-day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination.
428.9If the Board fails to meet the deadline applicable under Subsection 428.8, the complaint shall be resolved within 60 days under alternative dispute resolution procedures established pursuant to Section 432 of this chapter. The record and other materials from any proceedings conducted under standard Board complaint procedures shall be made available for use under the alternative dispute resolution procedures.