D.C. Mun. Regs. r. 27-215

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

Rule 27-215 - OPTIONAL SMALL CLAIMS (EXPEDITED) PROCEDURES

215.1

In an appeal where the amount in dispute is ten thousand dollars ($10,000) or less, the appellant may elect to have the appeal adjudicated under the small claims procedure set forth in this rule, or the accelerated procedure in Section 216.

215.2

Whenever possible, decisions under the small claims procedure will be rendered within ninety (90) days from the date on which the contractor files an appeal. The election shall be stated in the complaint, except that the Board for good cause may permit the election to be made after the complaint is filed. Once the election is made, it may not be withdrawn except with the permission of the Board for good cause shown.

215.3

The following time periods shall apply for cases proceeding as a small claims appeal unless otherwise ordered by the Board:

(a) Within ten (10) business days of receipt of notice of the appellant's election, the respondent shall submit to the Board a copy of the contract, the contracting agency's final decision, and the appellant's claim letter or letters; other documents from the appeal file prescribed in Section 203 shall be submitted as the Board directs.

(b) Within fifteen (15) days after the Board has received the appellant's election, the designated administrative judge shall take the following action in an informal meeting or a telephone conference with the parties:

(1) Formulate and simplify the issues;

(2) Establish a simplified procedure appropriate to the appeal;

(3) Determine whether either party wants a hearing, and, if so, fix a time and place;

(4) Require the respondent to furnish any additional documents relevant to the appeal; and

(5) Establish an expedited schedule for resolution of the appeal.

215.4

Pleadings, discovery, and other prehearing activity shall be allowed only as consistent with the requirement to conduct the hearing on the date scheduled, or, if no hearing is scheduled, to close the record on a date that will allow decisions within the ninety (90)-day limit. The Board, at its discretion, may impose shortened time periods for any actions prescribed or allowed under these rules as necessary to enable the Board to decide the appeal within the time limit.

215.5

Written decisions by the Board in cases adjudicated under the small claims (expedited) procedure shall be short and may contain abbreviated findings of fact and conclusions of law. The decisions may be rendered for the Board by a single administrative judge. A decision under the small claims procedure shall have no precedential value in future cases before the Board.

215.6

In a case where a small claims procedure has been elected and in which there has been a hearing, the administrative judge presiding at the hearing may, in the judge's discretion, at the conclusion of the hearing and after entertaining any oral arguments as deemed appropriate, render on the record oral findings of fact, conclusions of law, and a decision of the appeal.

215.7

Whenever an oral decision is rendered pursuant to Subsection 215.6, the Board shall subsequently furnish the parties with a written copy of the oral decision for record and payment purposes, and to establish the starting date for the period for filing a motion for reconsideration or a judicial appeal.

D.C. Mun. Regs. r. 27-215

Final Rulemaking published at 49 DCR 2078 (March 8, 2002); amended by Final Rulemaking published at 67 DCR 1734 (4/6/2020)