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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 4-16. DISTRICT OF COLUMBIA FAMILY AND MEDICAL LEAVE ACT |
Section 4-1625. FINAL DECISION OF THE DIRECTOR AFTER THE HEARING
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1625.1Following 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 in whole or in part; or
(b)Remand the matter for further hearing.
1625.2If 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.
1625.3The final decision of the Director shall be served on the parties or their representatives and, if not a party, the agency involved.
1625.4Either party may file a written request with the Director for reconsideration or to reopen the case within fifteen (15) days after the date of issuance of the final decision.
1625.5A party seeking reconsideration of the Director’s final decision shall submit an application for reconsideration to the Director in writing, stating specifically the grounds upon which the request for reconsideration is based. The grounds shall be limited to misapplication of law, material misstatement of fact, or discovery of evidence not available during the investigation.
1625.6A request for reconsideration shall 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.
1625.7The letter transmitting the final decision of the Director shall advise the parties of their right to request reconsideration of the case pursuant to § 1625.4 or to seek judicial review of the decision by a court of competent jurisdiction.
1625.8If either party requests reconsideration or the reopening of the case pursuant to § 1625.4, and the Director determines that the case should be reconsidered, 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 or stayed.
1625.9If neither party requests reconsideration or the reopening of the case pursuant to § 1625.4, 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.
1625.10If the Director decides not to grant a request for reconsideration, the Director shall so notify the parties in writing. At the time the notification is issued, the decision previously issued shall become the final administrative action of the District government.
1625.11If no action is taken on a request for reconsideration or to reopen a case within ninety (90) days after the request is filed, the request shall be deemed disapproved, and the decision previously issued shall become the final administrative action of the District government.
1625.12In the interests of justice, the Director may, on his or her own initiative, reopen or reconsider a 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.
1625.13If the Director reconsiders or reopens a case and modifies the case findings, the Director shall inform the parties that the decision previously issued by the Director is vacated and issue a second decision and order.
1625.14A party may appeal the final decision of OHR to the Superior Court of the District of Columbia.
1625.15The appealing party must file a Petition for Review with the Clerk of the Superior Court’s Civil Division within thirty (30) days after service of notice of the final decision.