Section 5-A5011. NON-RESIDENT STUDENTS: APPEAL RIGHTS

 

5011.1  Every appealable decision issued by a hearing officer or Administrative Law Judge in a contested residency case shall include a statement of the appeal rights described in this section.

 

5011.2  A party to a contested residency case who is aggrieved by a decision of the hearing officer or Administrative Law Judge assigned to his or her case has thirty (30) calendar days from the date the decision was issued to file an appeal to the D.C. Superior Court.

 

5011.3  The filing of an appeal or a petition for review will not automatically stay (or delay) the date a final decision goes into effect. 

 

5011.4  Any party may file a motion to stay a final decision pending appeal.  Any party may file a motion to stay the effective date of a final decision that has been issued. A motion for a stay shall include the reasons for granting the stay. 

 

5011.5  In determining whether to grant a stay, the hearing officer or Administrative Law Judge may consider the following factors: whether the party filing the motion is likely to succeed on the merits, whether denial of the stay will cause irreparable injury, whether and to what degree granting the stay will harm other parties, and whether the public interest favors granting a stay.

 

 

authority

Section 3(b)(3) of the District of Columbia State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(3) (2012 Repl. & 2016 Supp.)); Sections 11 and 16 of the District of Columbia Nonresident Tuition Act, approved September 8, 1960 (74 Stat. 853; D.C. Official Code §§ 38-308(a) and 38-313 (2012 Repl.)); and Mayor’s Order 2017-007; Section 101(d) of the Public School Enrollment Integrity Clarification and Board of Education Honoraria Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-348; D.C. Official Code § 38-2906.02(c) (2012 Repl. & 2016 Supp.)); and the District of Columbia Public Schools and Public Charter School Student Residency Fraud Prevention Amendment Act of 2012, effective May 9, 2012 (D.C. Law 19-126; D.C. Official Code § 38-312.01(c) (2012 Repl. & 2016 Supp.)).

source

Final Rulemaking published at 64 DCR 3147 (March 31, 2017); as corrected by Errata Notice published at 64 DCR 8235 (August 18, 2017).