D.C. Mun. Regs. tit. 17, r. 17-4123

Current through Register 71, No. 45, November 7, 2024

Rule 17-4123 - ADMINISTRATIVE APPEALS TO A BOARD OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE

4123.1

This section shall apply to appeals from decisions of ALJ's under this chapter by the following persons:

(a) Persons found by an ALJ to have committed an infraction involving a violation of this subtitle, the Act, or any other act regulating health professionals pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code § 2-1801.01 (2001);

(b) Persons against whom a cease and desist order has been entered pursuant to § 516 of the Act, D.C. Code § 3-1205.16 (2001); and

(c) Any party aggrieved by an order of an ALJ issued pursuant to D.C. Official Code § 2 - 1831.16(b).

4123.2

A notice of appeal from a decision issued by an ALJ shall be sent to the address stated in the decision and shall be delivered or postmarked within fifteen (15) days from the date of service of the final decision.

4123.3

A notice of appeal of a decision shall include the following information:

(a) That an appeal is taken;

(b) A copy or identification of the final decision from which the appeal is taken;

(c) A concise statement indicating why the respondent believes the final decision is in error;

(d) The full name, street address, and telephone number of the respondent and the respondent's counsel, if any; and

(e) The signature of the respondent or the respondent's counsel.

4123.4

Upon receipt of a notice of appeal, the Director shall promptly acknowledge receipt and compile and index documents pertinent to the appeal, including the following:

(a) A copy of the decision or order from which the appeal is taken, together with any findings of fact and conclusions of law on which the decision or order is based;

(b) All documents relied on by an ALJ, including any relevant documents timely submitted to the ALJ by a respondent or by other parties to the proceedings; and

(c) A transcript or summary of all testimony given or statements made during the course of any proceedings, conferences, or investigations concerning the matter in dispute, conducted by the ALJ prior to the filing of the notice of appeal.

4123.5

The Director shall transmit the notice of appeal and the documents described in §§ 4123.4(a) and (b) to the board within ten (10) days of the Director's receipt of the notice of appeal. The Director shall transmit the transcript or summary described in § 4123.4(c) as soon as practicable after the transcript or summary is completed.

4123.6

The Director shall send the respondent and the Corporation Counsel a copy of the Director's index of the record on appeal.

4123.7

The documents transmitted pursuant to this section, and any supplements to the documents, shall be available for inspection by the parties at a location designated by the Director.

4123.8

The record may be shortened if, with permission of the board, all parties to the review proceedings so stipulate.

4123.9

The Director, on motion of a party, or on the Director's own motion, may require or permit a party to supplement the documents transmitted pursuant to this section.

4123.10

A board, in its discretion, may permit the parties to appear before it and present oral argument before the board in accordance with such limitations as to time of argument or other restrictions as the board may prescribe.

4123.11

The board acting pursuant to this section may affirm, modify, vacate, set aside, or reverse any order or decision of an ALJ.

4123.12

A board may hold unlawful and set aside any order or decision or findings and conclusions of law of an ALJ that it finds to be as follows:

(a) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(b) In excess of statutory authority or authority under this chapter;

(c) Without observance of procedures provided by statute or this chapter; or

(d) Unsupported by a preponderance of the evidence in the record of the hearing.

4123.13

A party may petition a board to reconsider its decision in accordance with § 4120.

4123.14

A party aggrieved by a final decision of a board may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Code §§ 2-501 to D.C. Official Code § 2-511 (2001).

D.C. Mun. Regs. tit. 17, r. 17-4123

Final Rulemaking published at 34 DCR 5872, 5895 (September 11, 1987); as amended by Final Rulemaking published at 54 DCR 522(January 19, 2007)