D.C. Mun. Regs. r. 21-416

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

Rule 21-416 - DISMISSAL OF HEARINGS

416.1

A petitioner may request a dismissal by filing a written motion with the hearing officer or orally requesting dismissal at the hearing.

416.2

DC Water may request a dismissal by filing a written motion with the hearing officer or orally requesting dismissal at the hearing.

416.3

If a written motion to dismiss is filed, the opposing party shall have fourteen (14) calendar days to file an opposition to the motion with the hearing officer.

416.4

The hearing officer may dismiss a hearing demand, either entirely or as to any stated issue, under any of the following circumstances:

(a) Where the matter or issue has previously been the subject of a hearing;

(b) The petitioner failed to appear at a hearing, and the owner or occupant failed to request a continuance or show good cause for failing to appear;

(c) Where the owner or occupant requesting a hearing is not a lawful owner or occupant or does not otherwise have a right to a hearing. This would include, but is not limited to, cases in which the individual is not the owner or occupant;

(d) Where the petitioner has failed to file a timely hearing demand pursuant to the provisions of this Chapter;

(e) Where the hearing officer, in his or her opinion, finds that a petition filed in any proceeding does not raise a question of fact or law or the claim is frivolous; or

(f) Where the petitioner's initial challenge to the bill was untimely.

416.5

The dismissal shall be in the form of an order by the hearing officer, which shall contain a statement of facts and law and the reason for the dismissal. No such order shall be necessary where all the parties have expressly requested the dismissal.

416.6

The dismissal order shall be given to the parties or mailed to them at their last known address.

D.C. Mun. Regs. r. 21-416

Final Rulemaking published at 40 DCR 1300, 1314 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743(February 23, 2001); amended by Final Rulemaking published at 68 DCR 13604 (12/17/2021)