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DISTRICT OF COLUMBIA OFFICE OF ADMINISTRATIVE HEARINGS
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DISTRICT OF COLUMBIA RENTAL HOUSING COMMISSION
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NOTICE OF FINAL RULEMAKING
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The Chief Administrative Law Judge of the Office of Administrative Hearings (“OAH”), and the District of Columbia Rental Housing Commission, pursuant to the authority set forth in Section 8 of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code § 2-1831.05(b)(7)), and section 202(a)(1) of the Rental Housing Act of 1985, D.C. Law 6-10, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3502.02(a)) jointly give notice of the adoption of the following amendments to Chapter 29 of Title 1 of the District of Columbia Municipal Regulations (DCMR).
These rules require service of orders in rental housing cases to be by first class mail, with an appropriate certificate of service. The change is necessary to conform to the Office of Administrative Hearings Mailing Certification Emergency Amendment Act of 2009, passed as sections 3010 and 3011 of the Fiscal Year 2010 Budget Support Emergency Act of 2009, D.C. Act No. 18-187 (August 26, 2009) and to the Office of Administrative Hearings Mailing Certification Second Emergency Amendment Act of 2009, Subtitle D sections 3030 and 3031 of the Fiscal Year 2010 Budget Support Second Emergency Act of 2009, D.C. Act No. 18-207 (October 15, 2009).
No comments have been received and no changes made since publication of the Notice of Emergency and Proposed Rulemaking in the D.C. Register on September 25, 2009 at 56 DCR 39. This Notice of Final Rulemaking supersedes the emergency rulemaking adopted on September 16, 2009. These final rules will be effective upon publication of this Notice in the D.C. Register.
Section 2922.1 of 1 DCMR Chapter 29 is amended to read as follows:
2922.1 Upon receipt of a petition, the Office of Administrative Hearings shall, by
first-class mail, notify the adverse parties named in the petition of their right to make a written request for a hearing on the petition within 15 days after receipt of the notice.Section 2922.3 of 1 DCMR Chapter 29 is amended to read as follows:
2922.3 In the case of petitions filed by a housing provider, the housing provider shall provide for each tenant in the housing accommodation one (1) copy of the petition, and an envelope, with first-class postage prepaid, addressed to each tenant by name and containing the return address of the Office of Administrative Hearings. The Office of Administrative Hearings shall mail the copies to each tenant.
Section 2923.1 of 1 DCMR Chapter 29 is amended to read as follows:
2923.1 If a hearing is timely requested by any party, the Office of Administrative Hearings shall send notice of the time and place of the hearing by first-class mail at least 15 days before the commencement of the hearing. The notice shall inform each party of the party's right to retain legal counsel to represent the party at the hearing.
Section 2928.7 of 1 DCMR Chapter 29 is amended to read as follows:
2928.7 A certificate of service shall be filed with every order issued and every document filed. The certificate of service shall state the date of service, the persons served, the address at which service was made, the manner of service and the person who served the order or document.
Section 2936.1 of 1 DCMR Chapter 29 is amended to read as follows:
2936.1 The Office of Administrative Hearings shall serve all final orders in rental housing cases upon the parties by first-class mail.
