D.C. Mun. Regs. r. 7-255
Subject to and consistent with the provisions of D.C. Official Code § 32-1521.01, subsections (b), (c) and (d), the Board shall sit, review appeals, render decisions, and perform all other delegated and related functions in Review Panels of three members.
The Chief Administrative Appeals Judge shall make appointment to Review Panels from the sitting Members of the Board in a manner best suited to insure impartiality.
The Chief Administrative Appeals Judge may also direct that an appeal or review be decided by the full membership of the Board as specified in section 255.8.
Each assigned Review Panel shall be chaired by one member thereof, designated by the Chief Administrative Appeals Judge. The Chief Administrative Appeals Judge may also serve as a Panel member in the deliberation and disposition of appeals.
For purposes of carrying out its official functions, a Review Panel may only act with the concurrence of two members of the Review Panel unless and except as otherwise specified in these regulations.
A Review Panel decision with respect to an issue constitutes persuasive authority for and with respect to, any subsequent Review Panel decision rendered addressing the same issue.
Decisions issued by the Director prior to establishment of the Board shall be accorded persuasive authority by the Board.
Where two or more Review Panels disagree concerning the resolution of an issue, the Chief Administrative Appeals Judge may direct that the issue be reviewed and resolved by the full Board sitting en banc. In such instance, official action of the full Board can be taken only on the concurring vote of at least three Board members.
D.C. Mun. Regs. r. 7-255