D.C. Mun. Regs. r. 4-426

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

Rule 4-426 - DISMISSAL

426.1

The Hearing Tribunal may order the dismissal of any certified complaint at any time after receipt by the Commission, upon the motion of a party, upon the recommendation of the hearing examiner or the designee of the Chairperson, or sua sponte. The order shall be considered a Final Decision and Order within the meaning of § 430, shall be preceded by a Proposed Decision and Order if the hearing of the complaint was delegated to one or more hearing examiners who do not constitute the Hearing Tribunal, and may be appealed in accordance with § 431.

426.2

The Hearing Tribunal may dismiss the complaint prior to the commencement of the hearing process upon the recommendation of the person designated by the Chairperson to review letters of determination, for any of the following reasons:

(a) Lack of jurisdiction over the subject matter;

(b) Lack of jurisdiction over the respondent;

(c) Untimely filing of the complaint;

(d) Prior filing in court; or

(e) Prior settlement of the complaint.

426.3

For failure of the Office and the complainant to appear in person or through a representative, the Hearing Tribunal, when sitting as hearing examiner, may dismiss the complaint at the commencement of the hearing process, or when not sitting as hearing examiner, may dismiss the complaint upon the hearing examiner's recommendation, following:

(a) Duly served notice to the Office and the complainant of the conference or hearing; or

(b) Failure to locate the complainant after reasonable, recorded efforts to do so.

426.4

The Hearing Tribunal sitting as hearing examiner may dismiss the complaint at the end of the case in chief in support of the complaint, for failure to present a prima facie case of unlawful discriminatory act or practice. When not sitting as hearing examiner, the Hearing Tribunal may dismiss the complaint upon the hearing examiner's recommendation. The hearing examiner may recess the hearing in order to prepare a Proposed Decision and Order recommending dismissal of the complaint, or may postpone a recommendation of dismissal until all the evidence has been adduced.

426.5

The Hearing Tribunal sitting as hearing examiner may dismiss the complaint after the conclusion of the hearing, based on all of the evidence adduced in the hearing. When not sitting as hearing examiner, the Hearing Tribunal may dismiss the complaint upon the hearing examiner's recommendation.

426.6

Pursuant to § 416, the Commission may dismiss the complaint at any time prior to the Hearing Tribunal's rendering of a Final Decision and Order.

D.C. Mun. Regs. r. 4-426

Final Rulemaking published at 42 DCR 1429, 1447-48 (March 24, 1995)