D.C. Mun. Regs. tit. 10, r. 10-B2234

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 10-B2234 - APPEAL OF REVIEW DETERMINATION

2234.1

A claimant desiring review and reconsideration of the determination of the Relocation Office may file a written request for review of that determination with the Relocation Office.

2234.2

The written request for review under this section shall be made within six (6) months of the notification to the claimant of the Relocation Office's determination under § 2233, but in no event less than twenty-one (21) days following the Relocation Office's notification to the claimant of its determination.

2234.3

The time period specified in § 2234.2 shall be extended if necessary so that a claimant who previously requested a full written explanation pursuant to § 2233 shall have no less than twenty-one (21) days from his or her receipt of that written explanation within which to file his or her request for review and reconsideration.

2234.4

The claimant may include in his or her request for review any statement of facts within his or her knowledge or belief, or other material which he or she feels has a direct bearing on the appeal.

2234.5

If the claimant requests more time to gather, prepare, and submit additional material for consideration or review, he or she shall be granted an additional twenty-one (21) days from the date of his or her request for review.

2234.6

The Relocation Office shall issue a statement of its findings on review within thirty (30) days from receipt of the last material submitted for consideration by the claimant in accordance with § 2234.4 or § 2234.5.

2234.7

In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the Relocation Office shall issue its statement of findings within ten (10) days from receipt of the last material submitted by the claimant.

2234.8

The reviewing office, who shall have the authority to revise the initial determination on the claim, and who shall be a person other than the person who made the initial determination, shall review the initial determination in light of the following:

(a) All material upon which the original determination was based, including all applicable rules and regulations;

(b) The reasons given by the claimant for requesting reconsideration and review of his or her claim;

(c) Whatever additional written material has been submitted by the claimant; and

(d) Any further information which the Relocation Office may, in its discretion, obtain by request, investigation, or research, to ensure fair and full review of the claim.

2234.9

The final determination on review by the Relocation Office shall include, but is not limited to, the following:

(a) The decision on reconsideration of the claim;

(b) The factual and legal basis upon which the decision is based; and

(c) Any pertinent explanation or rationale for the decision.

D.C. Mun. Regs. tit. 10, r. 10-B2234

§ 505(e) through (i) of the Relocation Regulations, Regulation No. 73-4, 19 DCR 599, 629 (February 21, 1973)