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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 4-499. DEFINITIONS
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499.1When used in this chapter, the following terms and phrases shall have the meanings ascribed:
Act - the Human Rights Act of 1977, as amended, D.C. Official Code § 1-1401.01 (2001) et seq.
Calendar Days - consecutive days including Saturdays, Sundays, and legal holidays; except that in computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included; and the last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or a legal holiday.
Chairperson - the duly appointed Chairperson of the Commission on Human Rights, or a member of the Commission specifically designated to act for the Chairperson.
Chief of the Hearing Tribunal - the member of a Hearing Tribunal appointed by the Chairperson as the Head of the Hearing Tribunal.
Commission - the District of Columbia Commission on Human Rights, sitting as a body.
Complainant - any person filing a complaint with the Office of Human Rights, alleging an unlawful discriminatory act or practice.
Complaint - a verified complaint filed with the Office of Human Rights.
D.C. Administrative Procedure Act - the District of Columbia Administrative Procedure Act, as amended, D.C. Official Code § 2-501 (2001) et seq.
Default - the failure of a respondent to answer a complaint after it has been certified to the Commission for public hearing.
Evidence - any piece of information offered in proof of the facts in controversy, including testimony of witnesses and exhibits if records, documents, or objects.
Ex Parte communication - oral or written communication between a party and the hearing examiner, or any member of the Hearing Tribunal, or any Commissioner assigned to consider the merits of a complaint, regarding the merits of the complaint, under circumstances in which any other party is not afforded an opportunity to participate.
Guidelines for Payment of Compensatory Damages and Attorney’s Fees - District of Columbia Commission on Human Rights Guidelines for Payment of Compensatory Damages and Attorney’s Fees Under the Human Rights Act of 1977, adopted pursuant to D.C. Official Code § 2-1403.13(a)(2) (2001), 31 DCR 6259 (December 14, 1984).
Hearing Examiner - an official or officials appointed by the Chairperson to conduct the hearing of a complaint including the Hearing Tribunal when the Hearing Tribunal conducts the hearing of a complaint.
Hearing Tribunal - three (3) members of the Commission appointed by the Chairperson to adjudicate a complaint.
Hearing process - the status conference, the pre-hearing conference, the hearing, and all processes related to the adjudication of a complaint.
Legal Holiday - New Year’s Day, Dr. Martin Luther King’s Birthday, George Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated as a holiday by the President or the Congress of the United States, or by the Mayor or the Council of the District of Columbia.
Office - the District of Columbia Office of Human Rights.
Party, parties - the complainant, the respondent, the Office, an intervenor, or any combination.
Preponderance of the evidence - evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it.
Probable Cause - an apparent state of facts found to exist upon reasonable inquiry which would induce a reasonably intelligent person to believe that the prima facie elements of the unlawful discriminatory act or practice alleged in the complaint are present, and that a legitimate, nondiscriminatory, nonpretextual explanation for the alleged discriminatory act or practice does not exist.
Respondent - any person or organization specified in the complaint as having engaged in an unlawful discriminatory act or practice.
Unlawful discriminatory act or practice - any discriminatory act or practice specified in the Act as unlawful.