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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 4-4. PROCEDURE FOR CONTESTED CASES |
Section 4-406. DISQUALIFICATION OF HEARING EXAMINERS OR HEARING TRIBUNAL MEMBERS
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406.1If the hearing examiner or any member of a Hearing Tribunal considers himself or herself unqualified to hear or adjudicate a complaint, the hearing examiner shall recuse himself or herself, stating on the record the reasons for recusal, and shall immediately notify the Chairperson in writing.
406.2Upon any party’s filing in good faith a timely and sufficient affidavit of personal bias or other grounds for disqualification, the hearing examiner or member of the Hearing Tribunal may recuse himself or herself.
406.3Any party may submit a motion to the Chairperson requesting the disqualification of the hearing examiner of any member of the Hearing Tribunal on the basis of personal bias or other grounds for disqualification, but only after the hearing examiner or member of the Hearing Tribunal has declined to recuse himself or herself pursuant to § 406.2. The motion shall be in writing and shall state facts and reasons for the belief that grounds for disqualification may exist. A verified statement of good faith from the party’s representative shall accompany the motion.
406.4The Chairperson shall rule on the motion within fifteen (15) calendar days of receipt of the motion.
406.5If a motion for disqualification is denied, the party requesting disqualification may appeal the decision by filing a written appeal with the Commission within seven (7) calendar days of receipt of the ruling. The Commission shall rule on the written appeal within thirty (30) calendar days.
406.6If the hearing examiner has recused himself or herself or is disqualified for any reason, a different hearing examiner shall hear the complaint de novo.
406.7If a member of the Hearing Tribunal has recused himself or herself or is disqualified for any reason, the Chairperson shall cause the Hearing Tribunal member to be replaced or shall assign the complaint to a different Hearing Tribunal, and the hearing process shall resume from a point prior to the Tribunal member’s participation in any decision affecting the disposition of the complaint.