D.C. Mun. Regs. tit. 19, r. 19-1530

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 19-1530 - URBAN APICULTURE: ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

1530.1

A person adversely affected or aggrieved by an enforcement action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the OAH, established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; DC official Code §§ 2-1831.01et seq.), or OAH's successor.

1530.2

The appeal to OAH shall be filed in writing within the following time period:

(a) Within fifteen (15) calendar days of service of the notice of the action; or

(b) Another period of time stated specifically in the section for an identified Department action.

1530.3

OAH shall:

(a) Resolve an appeal or a notice of infraction by:

(1) Affirming, modifying, or setting aside the Department's action complained of, in whole or in part;

(2) Remanding for Department action or further proceedings, consistent with OAH's order; or

(3) Providing such relief as the governing statues, regulations and rules support.

(b) Act with the same jurisdiction, power, and authority as the Department may have for the matter before OAH; and

(c) By its final decision, render a final agency action which will be subject to judicial review.

1530.4

The filing of an administrative appeal shall not in itself stay enforcement of an action except that a person may request a stay according to the rules of OAH.

1530.5

The burden of production in an appeal of an action of the Department shall be allocated to the person who appeals the action, except that it shall be allocated:

(a) To the Department when a party challenges the Department's denial, suspension, modification, or revocation of a registration;

(b) To the party who asserts an affirmative defense; or

(c) To the party who asserts an exception to the requirements or prohibitions of a statute or rule.

1530.6

The final OAH decision on an administrative appeal shall thereafter constitute the final, reviewable action of the Department, and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.

1530.7

Judicial review of a final OAH decision shall not be done de novo, but shall be a review of the administrative record alone and shall not duplicate agency proceedings or consider additional evidence.

D.C. Mun. Regs. tit. 19, r. 19-1530

Final Rulemaking published at 62 DCR 11540 (8/21/2015)