Section 7-255. REVIEW PANELS  


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    255.1Subject to and consistent with the provisions of D.C. Official Code § 32-1521.01, subsections (b), (c) and (d), the Board shall sit, review appeals, render decisions, and perform all other delegated and related functions in Review Panels of three members.

     

    255.2The Chief Administrative Appeals Judge shall make appointment to Review Panels from the sitting Members of the Board in a manner best suited to insure impartiality.

     

    255.3The Chief Administrative Appeals Judge may also direct that an appeal or review be decided by the full membership of the Board as specified in section 255.8.

     

    255.4Each assigned Review Panel shall be chaired by one member thereof, designated by the Chief Administrative Appeals Judge. The Chief Administrative Appeals Judge may also serve as a Panel member in the deliberation and disposition of appeals.

     

    255.5For purposes of carrying out its official functions, a Review Panel may only act with the concurrence of two members of the Review Panel unless and except as otherwise specified in these regulations.

     

    255.6A Review Panel decision with respect to an issue constitutes persuasive authority for and with respect to, any subsequent Review Panel decision rendered addressing the same issue.

     

    255.7Decisions issued by the Director prior to establishment of the Board shall be accorded persuasive authority by the Board.

     

    255.8Where two or more Review Panels disagree concerning the resolution of an issue, the Chief Administrative Appeals Judge may direct that the issue be reviewed and resolved by the full Board sitting en banc. In such instance, official action of the full Board can be taken only on the concurring vote of at least three Board members.

     

source

Notice of Emergency and Proposed Rulemaking published at 52 DCR 8405 (September 9, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 11093 (December 23, 2005).