D.C. Mun. Regs. r. 4-402

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

Rule 4-402 - REMAND TO THE OFFICE OF A CERTIFIED COMPLAINT

402.1

If any of the following deficiencies appear on the face of the letter of determination of probable cause issued by the Office for a certified complaint, the Chairperson may remand the complaint to the Office for further investigation or other appropriate action:

(a) The jurisdiction of the Office and the Commission is in question;

(b) The letter of determination fails to address all of the issues raised in the complaint, as the same may have been amended; or

c) The finding of probable cause is not supported by the factual representations contained in the letter of determination.

402.2

If the Office is unable to produce the investigative file upon the request of any party at any time following the certification of a complaint for public hearing, the Chairperson may remand the complaint to the Office for reinvestigation or other appropriate action.

402.3

The Chairperson may, in his or her discretion, assign a complaint to any Commissioner or hearing examiner for review of the letter of determination and recommendation of action. Based upon the review and recommendation, the Commission may remand the complaint to the Office in the name of the Chairperson. The Commission shall serve written notice of the remand on all parties, specifying the basis for the remand, as well as the action recommended to the Office, if any.

D.C. Mun. Regs. r. 4-402

Final Rulemaking published at 42 DCR 1429, 1430-31 (March 24, 1995)