D.C. Mun. Regs. r. 1-2808

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 1-2808 - BEGINNING A CASE BY REQUESTING A HEARING

2808.1

Unless a statute or these Rules describe a different way to begin a case, a party seeking a hearing at OAH must file a request for hearing in writing.

2808.2

The request for hearing need not follow any specific format, although blank forms are available from the Clerk's office. A request for hearing should contain the following information:

(a) A short description of your dispute;

(b) A description of what you want the judge to do;

(c) Any key dates that are involved;

(d) A copy of any ruling or decision that you are disputing or appealing;

(e) Your full name, address, and telephone and fax numbers; and

(f) If known, the full name, address, and telephone and fax numbers of every other party involved in the dispute.

2808.3

Parties must pay close attention to any deadlines for filing hearing requests. The deadlines are set by statute, regulations, or agency rules other than these Rules, and not by OAH.

2808.4

A party requesting a hearing in a Child Support Services Division (CSSD) enforcement action must file a copy of the Order of Condemnation or other proof that CSSD has issued an Order of Condemnation.

2808.5

Any hearing request to appeal a proposed tax assessment, other than a proposed real property tax assessment, must be filed with OAH and sent to the District of Columbia Office of Tax and Revenue. The hearing request should state the type of tax (for example, personal, business, or franchise), tax year(s), and amount of tax appealed. The hearing request should include a copy of the proposed tax assessment.

2808.6

Any hearing request to appeal a decision concerning a Certificate of Need must be filed with OAH and sent to the Director of the State Health Planning and Development Agency (SHPDA) in the Department of Health. SHPDA must transfer the agency record of the proceedings to OAH within thirty (30) calendar days of service of the request for hearing.

D.C. Mun. Regs. r. 1-2808

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12547 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016)

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) 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(a)(7) and (b)(7) ).