D.C. Mun. Regs. r. 1-2830

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

Rule 1-2830 - APPEALS

2830.1

Every appealable order shall include a statement of appeal rights and shall be served on the parties and their representatives.

2830.2

The filing of an appeal or a petition for review does not stay (or delay) the date a final order goes into effect.

2830.3

Any party may file a motion to stay a final order pending appeal. A motion for a stay must include the reasons for granting the stay. Any party may file a motion to stay the effective date of a final order.

2830.4

In determining whether to grant a stay, the 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.

D.C. Mun. Regs. r. 1-2830

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 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, 12565 (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) ).