D.C. Mun. Regs. r. 3-428
Within a reasonable time after the conclusion of the hearing and the closing of the record, the Board shall render its decision. A member absent at the decision vote may cast an absentee vote only if the member attended all of the hearings on the complaint or petition. A member attending the decision vote and having read the transcript and reviewed the complete record may vote even though that member may not have attended any or all of the prior meetings or hearings on the complaint or petition.
The Board's decision shall be memorialized by a written memorandum opinion and/or order setting forth findings of fact and conclusions of law and giving the reasons for the decision and ordering appropriate action, if necessary.
The conclusions or opinion in the decision shall be governed by and based upon all the evidence adduced at the hearing.
A decision shall be supported by substantial evidence on the record. Pursuant to the substantial evidence rule, courts will uphold an administrative determination of fact if on the entire record the determination is rationally supportable and could have been arrived at reasonably.
The decision shall be served promptly on all parties or their representatives. The date of the written decision shall commence any period for seeking judicial review unless the statute prescribes a deadline for Board action; in which case, the presiding Board member may specify at the time that the decision is announced that the appeal period shall commence upon such announcement.
If the Board determines that there is a violation of any provision of Title III of the Help America Vote Act of 2002, the Board shall provide the appropriate remedy.
If the Board determines that there is no violation of Title III of the Help America Vote Act of 2002, the Board shall dismiss the complaint and publish the results of the hearing on the Board's website.
The Board shall render final determinations with respect to complaints alleging violations of Title III of the Help America Vote Act of 2002 prior to the expiration of the ninety (90)-day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination. If the Board fails to make a timely determination, the complaint shall be resolved within sixty (60) days under alternative dispute resolution procedures established pursuant to Section 432 of this chapter. The record and other materials from any proceedings conducted under standard Board complaint procedures shall be made available for use under the alternative dispute resolution procedures.
D.C. Mun. Regs. r. 3-428