D.C. Mun. Regs. tit. 4, r. 4-708

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

Rule 4-708 - ADMINISTRATIVE DISMISSALS

708.1

A case shall be terminated without prejudice if the complainant submits a written request to withdraw the complaint, or for the following administrative reasons:

(a) The complainant is absent and has failed to contact the Office or cannot be contacted by the Office. The Office shall attempt to contact the complainant either by telephone, e-mail, or mail addressed to the complainant's address of record. Inability to contact by mail shall consist of mailing at least one (1) regularly mailed letter or e-mail;

(b) The complainant fails to proceed and the Office has unsuccessfully attempted to contact the complainant by telephone, e-mail, or mail, and the complainant has failed to contact the Office within thirty (30) days of the date the first letter was mailed;

(c) The complainant fails to state a claim for which relief can be granted under the Act;

(d) The respondent no longer exists as a result of a court action (bankruptcy or dissolution); and

(e) After preliminary investigation, the Director determines that the Office lacks jurisdiction over the respondent.

708.2

An order dismissing a complaint for administrative reasons shall be in writing and served on the parties, stating the reasons for the dismissal.

708.3

A complainant may request that a complaint previously closed for administrative reasons or voluntarily withdrawn be reopened; provided, that the complainant submits a written request within thirty (30) days of receipt of the order dismissing the complaint, stating specifically the reasons why the complaint should be reopened.

708.4

The Director, upon receipt of a request to reopen a complaint, may, within his or her discretion, reopen the case for good reasons or in the interest of justice provided that no determination has previously been made on the merits of the case.

708.5

The decision of the Director to reopen a complaint shall be served on all parties.

D.C. Mun. Regs. tit. 4, r. 4-708

Final Rulemaking published at 56 DCR 007324 (September 4, 2009)