Section 4-1225. RECONSIDERATION

 

1225.1 A Complainant may request reconsideration of a determination of compliance, or a respondent may request reconsideration of a determination of non-compliance, by submitting a written application for reconsideration to the Director of the Office of Human Rights (“OHR Director”). The application shall state specifically the grounds upon which the request for reconsideration is based. 

 

1225.2An application for reconsideration shall be filed with the Language Access Director (“LA Director”) within fifteen (15) calendar days after the party filing the application (the “moving party”) receives the LA Director’s final decision and order.

 

1225.3After receiving an application for reconsideration, the LA Director shall send letters acknowledging receipt of the application to both the moving party and the non-moving party.  The LA Director shall send with the letter to the non-moving party a copy of the application for reconsideration, and the non-moving party shall be given fifteen (15) calendar days after receipt of the LA Director’s letter to file a response.

 

1225.4 In considering whether to grant a motion for reconsideration, the OHR Director, in consultation with the LA Director, shall determine:

 

(a)Whether the moving party has:

 

(1) Presented newly discovered, material facts that were not reasonably available during the OHR investigation; or

 

(2) Identified a material error in the decision and order; or

 

(3)Identified statements in the application which, if deemed true and accurate, would warrant modification of the final decision and order; or

 

(b)Whether the moving party has demonstrated that reconsideration is necessary in order to avoid an injustice.

 

1225.5If, after review of a timely-filed application for reconsideration and the response to the application for reconsideration, the OHR Director, in consultation with the LA Director, concludes that the moving party has not satisfied the standards for reconsideration set forth in § 1225.4, the OHR Director shall deny the application for reconsideration.

 

1225.6If the OHR Director, in consultation with the LA Director, concludes that the application for reconsideration has satisfied the standards for reconsideration set forth in § 1225.4, the complaint shall be reopened for further investigation.

 

1225.7If, at the end of further investigation and after considering the record as a whole, the OHR Director, in consultation with the LA Director, concludes that the moving party has not presented sufficient evidence to warrant a modification to the final decision and order, the final decision and order shall be affirmed by a final decision and order on reconsideration, and the parties shall be notified in writing.

 

1225.8If the OHR Director, in consultation with the LA Director, determines, after further investigation, that the final decision and order should be modified, the LA Director shall issue a final decision and order on reconsideration, which shall include a detailed written basis for the modification of the final decision and order.  The final decision and order on reconsideration shall be transmitted to both parties within sixty (60) days of the date the application for reconsideration was filed. 

 

1225.9In the event the final decision and order on reconsideration includes a finding of noncompliance with the Act, it shall specify all required corrective actions. 

 

1225.10Each final decision and order on reconsideration shall state the parties’ right to appeal the order and specify any relevant filing deadlines.

 

 

authority

Sections 2(3)(C) and 6(b)(6) of the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code §§ 2-1931 et seq. (2012 Repl.)) (“Language Access Act”), and Mayor’s Order 2007-127, dated May 31, 2007.

source

Final Rulemaking published at 55 DCR 6348 (June 6, 2008); as amended by Final Rulemaking published at 61 DCR 9836 (September 26, 2014).