Section 4-720. RECONSIDERATION

 

720.1A complainant seeking reconsideration of a dismissal under § 719.1, or a respondent seeking reconsideration under § 716.3, 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.

 

720.2If the request is not based on one of the grounds cited in § 720.1, or is not timely filed, the Director shall reject the application for reconsideration. A request for reconsideration shall be filed with the Director’s office, in writing, within fifteen (15) calendar days from the receipt of the Director’s LOD.

 

720.3Upon receipt of an application for reconsideration, the Director shall send letters acknowledging receipt of the application to both the complainant and the respondent. The respondent shall also receive a copy of the grounds upon which the complainant bases the request for reconsideration, and shall be given ten (10) calendar days from receipt of the information to file a response.

 

720.4If, after review of a timely-filed application for reconsideration and the response thereto, the Director concludes that the complainant has not presented evidence that would warrant change, modification, or reversal of the prior dismissal, the Director shall affirm the original no probable cause finding.

 

720.5If the Director concludes that the complainant has provided sufficient evidence to raise a genuine issue of law or fact, the complaint shall be reopened for further investigation.

 

720.6If the respondent adequately refutes the allegations presented in the application for reconsideration, the prior dismissal shall be affirmed and the parties notified.

 

720.7Where the complainant raises issues of material misstatement of fact or discovery of evidence not available during the investigation, and if the respondent fails to respond within the required time period or fails adequately to refute the allegations in the application for reconsideration, the Director shall reopen the complaint for further investigation.

 

720.8If, at the end of further investigation and after considering the record as a whole, the Director concludes that the complainant has not presented sufficient evidence to warrant a change of the prior dismissal, the prior dismissal shall be affirmed, and the parties notified in writing.

 

720.9If the Director determines, after further investigation, that a prior dismissal should be reversed, the Director shall find probable cause to credit the complaint, and the parties shall be served with a detailed written basis for the reversal and afforded an opportunity to conciliate.

 

source

Final Rulemaking published at 56 DCR 007324 (September 4, 2009).