D.C. Mun. Regs. r. 1-2936

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 1-2936 - RENTAL HOUSING CASES - APPEALS BEFORE A FINAL ORDER

2936.1

An Administrative Law Judge's rulings in a proceeding ordinarily may not be appealed to the Commission until a final order is issued. Before a final order is issued, a party may appeal an order of the Administrative Law Judge only if the Administrative Law Judge certifies the ruling for appeal to the Commission.

2936.2

A party may move the Administrative Law Judge to certify to the Commission an appeal of any ruling other than a final order. Such an appeal is an "interlocutory appeal."

2936.3

The Administrative Law Judge shall certify a ruling for interlocutory appeal only if he or she determines that the issue presented is of such importance to the proceeding that it requires the immediate attention of the Commission, and only if the following are shown:

(a) The ruling involves an important question of law or policy requiring interpretation of the Rental Housing Act, and about which there is substantial basis for difference of opinion; and

(b) Either of the following applies:

(1) An immediate ruling will materially advance the completion of the proceeding; or

(2) Denial of an immediate ruling will cause undue harm to the parties or the public.

2936.4

A party seeking review by interlocutory appeal shall file a motion for certification within five (5) calendar days of service of a ruling by the Administrative Law Judge. The opposing party shall have five (5) calendar days in which to respond. Unless extended by a written order, the Administrative Law Judge shall rule on the motion within ten (10) calendar days following the filing of any response.

2936.5

If the Administrative Law Judge declines to certify a ruling, the Commission may review that ruling on appeal from a final order.

2936.6

The Administrative Law Judge may stay the proceeding while an interlocutory appeal is pending.

D.C. Mun. Regs. r. 1-2936

Final Rulemaking published at 53 DCR 5674, 5680 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 9553, 9554 (December 25, 2009); as amended by Notice of Notice of Final Rulemaking published at 57 DCR 12541, 12581 (December 31, 2010); Final Rulemaking published at 63 DCR 6594 (4/29/2016)

Notice of Final Rulemaking published at 59 DCR 3128 (April 20, 2012) renamed chapter 29, "Office of Administrative Hearings: Rules for DCPS, Rental Housing, Public Benefits, and Unemployment Insurance Cases."

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) ).