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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 4. HUMAN RIGHTS AND RELATIONS |
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Chapter 4-1. COMPLAINTS OF DISCRIMINATION IN THE DISTRICT OF COLUMBIA GOVERNMENT |
Section 4-120. FINAL DECISION OF THE DIRECTOR OHR AFTER THE HEARING
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120.1Following receipt of the Hearing Examiner’s recommendations or proposed decision or order, and any argument or proposed substitute order or findings submitted by a party, the Director shall do one of the following:
(a)Render a final decision which may adopt, reject, or modify the decision of the Hearing Examiner; or
(b)Remand the matter for further hearings.
120.2If the Director rejects or modifies the recommended decision of the Hearing Examiner, the final decision of the Director shall set forth in detail the specific reasons for rejection or modification.
120.3The final decision of the Director shall be served on the parties or their representatives and, if not a party, the agency involved.
120.4Either party may file a written request with the Director for reconsideration or to reopen the case within fifteen (15) days from the date of issuance of the final decision.
120.5A request for reopening will only be considered if the requesting party demonstrates that there is newly discovered evidence that is competent, relevant, and material and was not reasonably discoverable prior to issuance of the final decision by the Director and that such evidence, if credited, would alter the ultimate outcome in the case.
120.6The final decision of the Director on a complaint for which there has been no hearing shall be transmitted by letter to the parties or their representatives and, if not a party, to the agency involved, stating the basis for the decision, including the findings of fact, analysis, and conclusions of law.
120.7The letter transmitting the final decision of the Director shall advise the parties of their right to request reconsideration or the reopening of the case pursuant to § 114.4 or to seek judicial review of the decision by a court of competent jurisdiction.
120.8If either party requests reconsideration or the reopening of the case pursuant to § 114.4, and the Director determines that the case should be reconsidered or reopened, the Director shall inform the parties that the case is being reconsidered or reopened and that the final decision previously issued by the Director is vacated.
120.9If neither party requests reconsideration or the reopening of the case pursuant to § 114.4, the final decision of the Director shall become the final administrative action of the District government fifteen (15) days after issuance of the decision, and the parties shall be deemed to have exhausted all administrative remedies.
120.10If the Director decides not to grant a request for reconsideration or to reopen a case, the Director shall so notify the parties in writing, and at the time the notification is issued, the decision previously issued shall become the final administrative action of the District government.
120.11If no action is taken on a request for reconsideration or to reopen a case within one hundred twenty (120) days, the request shall be deemed disapproved and the decision previously issued shall become the final administrative action of the District government.
120.12In the interests of justice, the Director may sua sponte reopen or reconsider any case in which the Director has issued a decision at any time prior to the filing of an appeal by either party with a court of competent jurisdiction.
120.13If the Director decides to reconsider or reopen a case pursuant to § 114.12, the Director shall inform the parties that the case is being reconsidered or reopened and that the decision previously issued by the Director is vacated.