D.C. Mun. Regs. tit. 4, r. 4-1624

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 4-1624 - FINDINGS AND RECOMMENDATIONS OF THE HEARING EXAMINER

1624.1

Within thirty (30) days after receipt of the transcript or post hearing submissions, whichever is later, the hearing examiner shall transmit to the Director the following:

(a) The complaint file;

(b)The record of the hearing;

(c) A report, including a brief and concise statement of the history of the subject matter of the complaint;

(d) Proposed findings of fact;

(e) Proposed conclusions of law;

(f) Analysis and recommendations addressing the following:

(1) Whether a violation of the Act occurred;

(2) Whether the employer shall pay the employee damages

and, if so, in what amount;

(3) Any reduction in damages for an employer who acted in good faith and has reasonable grounds to conclude that its conduct was not violative of the Act; and

(4) Any award of costs and reasonable attorney's fees to the prevailing party; and

(g) A proposed decision and order.

1624.2

A copy of the hearing examiner's report shall be transmitted to the parties or their representatives and, if not a party, to the agency involved, including a notice of the date on which the report was transmitted to the Director.

1624.3

Any party who is aggrieved by the adoption of the hearing examiner's report and proposed recommendation or order, may, within twenty (20) days after receipt of the report, submit to the Director a proposed substitute order or findings, along with arguments in support of the proposed substitute.

D.C. Mun. Regs. tit. 4, r. 4-1624

Notice of Final Rulemaking published at 57 DCR 10788, 10818 (November 19, 2010)

Authority: The Director of the Office of Human Rights, pursuant to section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c)) , and Mayor's Order 2009-45, dated March 31, 2009.