Chapter 28: OAH Rules of Practice and Procedure

2800.1

This Chapter contains general rules of procedure for the Office of Administrative Hearings (OAH). Chapter 29 of these Rules contains rules for cases referred to OAH by the District of Columbia Public Schools (DCPS) and the District of Columbia Office of the State Superintendent of Education (OSSE); cases involving the Department of For-Hire Vehicles (DFHV) Establishment Act; rental housing; public sector workers’ compensation cases; public benefits cases; and unemployment insurance cases.

2800.2

These Rules do not extend or limit the jurisdiction of OAH.

2800.3

These Rules shall be used to secure the fair, speedy, and inexpensive determination of every case.

2800.4

No Administrative Law Judge shall maintain standing, chamber, or other individual rules. However, an Administrative Law Judge may issue procedural orders in individual cases.

2800.5

These Rules (Chapters 28 and 29) may be cited as “OAH Rule ,” without reference to the District of Columbia Municipal Regulations (DCMR).

2800.6

These Rules control all procedures at OAH. No procedural rules adopted by any other District of Columbia government agency apply in cases at OAH. 2800.7 These Rules apply to all filings in new or pending cases on or after December 1, 2024.

2801.1

Where these Rules do not address a procedural issue, an Administrative Law Judge may refer to the District of Columbia Superior Court Rules of Civil Procedure as guidance to decide the issue.

2802.1

The District of Columbia (“District”) may begin a case at OAH by filing a Notice of Infraction or Notice of Violation as described in §§ 2803 and 2804, respectively.

2802.2

Any party also may begin a case at OAH by filing a request for a hearing as described in § 2805.

2802.3

Chapter 29 contains Rules for how to begin cases referred to OAH by DCPS and OSSE; cases involving DFHV; rental housing cases; public sector workers’ compensation cases; public benefits cases; and unemployment insurance cases.

2803.1

Section 2803 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Civil Infractions Act (D.C. Official Code §§ 2-1802.01 –.05).

2803.2

The District shall file a Notice of Infraction, as authorized by law, at OAH when it is seeking a civil fine under § 2803. The District shall comply with §§ 2803.5 through 2803.7 when filing a Notice of Infraction under the Civil Infractions Act.

2803.3

The District shall only serve a copy of the Notice of Infraction on the Respondent as authorized by the Civil Infractions Act.

2803.4

If a Respondent files an answer before the District files a Notice of Infraction, OAH shall open a case. The Administrative Law Judge shall require the District to file the original Notice of Infraction.

2803.5

(a) If the District serves a Notice of Infraction to the Respondent by first-class mail, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it mailed the Notice of Infraction. When it files the Notice of Infraction, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, verifying that the United States Postal Service (USPS) did not return the Notice of Infraction to the District.

(1) If the USPS returns a Notice of Infraction to the District after it has filed the affidavit required by this Subsection, the District shall notify OAH by filing a new affidavit, on a form approved by the Chief Administrative Law Judge.

(2) If the USPS returns the Notice of Infraction to the District, the District may file proof of any alternative service of the Notice of Infraction.

(b) If the District serves a Notice of Infraction on the Respondent by electronic service, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it emailed the Notice of Infraction. When it files the Notice of Infraction, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, attesting why service at the recipient email address is reasonably calculated to give actual notice to the Respondent. An affidavit, with supporting documentation, stating that the Respondent or Respondent’s agent provided the District with their recipient email address; that the recipient email address was used for successful communication with Respondent within the past six (6) months; or that the email address was established for the registered agent of the Respondent in the District’s corporate registration records, will create a presumption that electronic service to that address was valid.

(c) If the District serves a Notice of Infraction on the Respondent by personal service, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it served the Notice of Infraction. If the District serves a Notice of Infraction to the Respondent by personal service (hand-delivery), or by delivery to the Respondent’s or other person’s last known home or business address, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, providing specific facts from which the presiding ALJ can determine that the person served was either the Respondent (in the case of personal service) or a person of suitable age and discretion residing with or employed by the Respondent (in the case of delivery to their home or business).

(d) If the District serves a Notice of Infraction on the Respondent by conspicuous posting, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it posted the Notice of Infraction. If the District serves a Notice of Infraction by posting the notice in accordance with D.C. Official Code § 2-1802.05(b), the District shall also file an affidavit, on a form approved by the Chief Administrative Law Judge, affirming that the identity or location of the property owner is unknown.

2803.6

When the District files a Notice of Infraction, it shall file a copy of all exhibits it expects to offer at any hearing in the case and shall provide a copy of each exhibit to the Respondent. An Administrative Law Judge may allow the District to use exhibits that it did not file or provide in accordance with this Subsection if there is no prejudice to the Respondent.

2803.7 OAH may refuse to accept for filing or later dismiss any Notice of Infraction that does not comply with the applicable law or these Rules.

2804.1

Section 2804 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Litter Control Administration Act (D.C. Official Code §§ 8-801 – 812).

2804.2

The District shall file a Notice of Violation, as authorized by law, at OAH, when it is seeking a civil fine. The District shall comply with § 2804.5 when filing a Notice of Violation under the Litter Control Administration Act.

2804.3

The District shall only serve a copy of the Notice of Violation on the Respondent as authorized by the Litter Control Administration Act.

2804.4

If a Respondent files an answer before the District files a Notice of Violation, OAH shall open a case. The Administrative Law Judge may require the District to file the original Notice of Violation.

2804.5

(a) If the District serves a Notice of Violation on the Respondent by certified mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it mailed the Notice of Violation. If the District serves a Notice of Violation to a Respondent by certified mail, the District shall file a copy of a USPS electronic return receipt or other proof that the USPS delivered the Notice of Violation to the Respondent’s address consistent with the requirements of the Litter Control Administration Act.

(b) If the District serves a Notice of Violation on the Respondent by first-class mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it mailed the Notice of Violation. If the District serves a Notice of Violation to a Respondent by first-class mail, the District shall file proof that the USPS delivered the Notice of Violation to the Respondent’s address consistent with the requirements of the Litter Control Administration Act, which may include filing an affidavit, on a form approved by the Chief Administrative Law Judge, verifying that the United States Postal Service (USPS) did not return the Notice of Violation to the District.

(c) If the District serves a Notice of Violation on the Respondent by personal service, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it served the Notice of Violation. If the District serves a Notice of Violation by personal service (hand-delivery) to the owner, the owner’s authorized agent, the building superintendent, the operator of equipment, or any other responsible individual at the premises, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, providing specific facts from which the presiding ALJ can determine the identity of the person served.

(d) If the District serves a Notice of Violation on the Respondent by conspicuous posting mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it posted the Notice of Violation. If the District serves a Notice of Violation by posting the notice in a conspicuous place on the premises in violation, the District also shall file an affidavit or other evidence providing specific facts regarding the time and location of posting.

2804.6

When it files a Notice of Violation, the District shall file a copy of all exhibits it expects to offer at any hearing in the case and shall provide a copy of each exhibit to the Respondent. An Administrative Law Judge may allow the District to use exhibits that it did not file or provide in accordance with this Subsection if there is no prejudice to the Respondent.

2804.7

OAH may refuse to accept for filing or later dismiss any Notice of Violation that does not comply with the applicable law or these Rules.

2805.1

Unless a statute or these Rules describe a different way to begin a case, a party seeking a hearing at OAH shall file a request for hearing in writing.

2805.2

The hearing request shall not have to follow any specific format. The Clerk’s Office shall make blank forms to request a hearing available. A hearing request shall contain the following information:

(a) A short description of the dispute;

(b) A description of what the party wants the judge to do;

(c) Any key dates that are involved;

(d) A copy of any ruling or decision that is being disputed or appealed;

(e) The party’s full name, mailing address, email address, and telephone number; and

(f) If known, the full name, mailing address, email address, and telephone number of every other party involved in the dispute.

2805.3

Parties shall pay close attention to any deadlines for filing hearing requests. The deadlines are set by statute, regulations, or agency rules other than these Rules, and not by OAH.

2805.4

Any hearing request to appeal a Child Support Services Division (CSSD) enforcement action shall include a copy of an Order of Condemnation, if any, or a copy of a CSSD notice describing the enforcement action.

2805.5

Any hearing request to appeal a proposed tax assessment, other than a proposed real property tax assessment, shall be filed with OAH and a copy served on the District of Columbia Office of Tax and Revenue. The hearing request shall state the type of tax (for example, personal, business, or franchise), tax year(s), and amount of tax appealed. The hearing request shall include a copy of the proposed tax assessment.

2805.6

Any hearing request to appeal a decision concerning a Certificate of Need shall be filed with OAH and a copy sent to the Director of the State Health Planning and Development Agency (SHPDA) in the Department of Health. SHPDA shall transfer the agency record of the proceedings to OAH within thirty (30) calendar days of service of the request for hearing.

2806.1

Any paper filed at OAH shall contain the name, mailing address, telephone number, and email address, if any, of the filer. After a case is assigned a case number, any paper filed in that case shall contain the case number.

2806.2

Any paper filed at OAH by an attorney or other representative shall identify the represented party and shall contain the District of Columbia Bar number, if any, of the attorney.

2806.3

A party, attorney, or representative shall notify the Clerk and all other parties in writing of any change in mailing address, telephone number, or email address previously provided to OAH within three (3) calendar days of the change.

2806.4

The most recent contact information provided by a party, attorney, or other representative under this Section shall be considered correct. A party or representative who does not keep a mailing and/or an email address current may fail to receive orders and may lose a case as a result.

2806.5

The Clerk may reject, or an Administrative Law Judge may strike, any paper that does not comply with this Section.

2807.1

Except when a District agency is redesignated or ceases to exist, after proper notice and an opportunity to be heard, an Administrative Law Judge may substitute a person or entity for a named party or may add parties to a case.

2807.2

Anyone who has an interest in the subject matter of a pending case and contends that the representation of his or her interest is inadequate may file a motion to intervene. After proper notice and an opportunity to be heard, an Administrative Law Judge may allow an interested person or entity to intervene.

2807.3

If an Administrative Law Judge grants a motion for leave to intervene, the intervenor may participate to the extent allowed by the Administrative Law Judge.

2807.4

No person or entity may intervene as a co-Petitioner with the District in any enforcement action where the District seeks a fine unless a statute allows it.

2807.5

A person or entity to which the District has properly delegated a governmental function may request to intervene, but may not be substituted for the District.

2807.6

In the case where a District agency is redesignated or ceases to exist, the Clerk shall substitute the successor agency for the predecessor agency, consistent with the relevant statutory authority.

2808.1

An attorney may represent any party before OAH. Unless otherwise provided by statute or these Rules, only attorneys who are active members in good standing of the District of Columbia Bar, or who are authorized to practice law in the District of Columbia pursuant to Rule 49(c) of the District of Columbia Court of Appeals, may appear before OAH as a representative of a party.

2808.2

An attorney who is not a member of the District of Columbia Bar, and who is not authorized to practice law in the District of Columbia pursuant to Rule 49(c) of the District of Columbia Court of Appeals, may appear before OAH either under § 2810 or after the filing and granting of a motion to appear pro hac vice, in which the attorney shall declare under penalty of perjury that:

(a) I have not applied for admission pro hac vice in more than five (5) cases in OAH or in the courts of the District of Columbia during this calendar year. I have applied for admission pro hac vice in OAH and in the courts of the District of Columbia ______ (list number) times previously in this calendar year;

(b) I am a member in good standing of the bar of the highest court(s) of the State(s) of ____________________(list all states);

(c) There are no disciplinary complaints pending against me for violation of the rules of the courts of those states (or describe all pending complaints);

(d) I am not currently suspended or disbarred for disciplinary reasons from practice in any court;

(e) I do not practice or hold myself out to practice law in the District of Columbia;

(f) I am familiar with OAH's Rules found at 1 DCMR 28 and 29;

(g) I am applying for admission pro hac vice for the following reason(s): ______ (list all reasons);

(h) I acknowledge the jurisdiction of OAH and the courts of the District of Columbia over my professional conduct, and agree to be bound by the District of Columbia Court of Appeals Rules of Professional Conduct, in this matter, if I am admitted pro hac vice; and

(i) I have informed my client that I am not a member of the District of Columbia Bar, and my client has consented to my representation in this case.

2808.3

For good cause shown, the presiding Administrative Law Judge may revoke the pro hac vice admission of any attorney.

2808.4

Current law students who have successfully completed forty-two (42) credit hours of law school may appear before OAH. An Administrative Law Judge may terminate a law student’s representation under this Subsection at any time, for any reason, without notice or hearing. A law student practicing under this Subsection shall:

(a) Be enrolled in a law school approved by the American Bar Association;

(b) Have the consent and oversight of a supervising attorney assigned to the law student;

(c) Sign and file a Notice of Appearance in the case with the supervising attorney;

(d) Have the written permission of the client, which shall be filed in the record;

(e) Not file any paper unless the law student and supervising attorney sign it;

(f) Not appear at any proceeding without the supervising attorney;

(g) Neither ask for nor receive a fee of any kind for any services provided under this rule, except for the payment of any regular salary made to the law student;

(h) Comply with any limitations ordered by the presiding Administrative Law Judge; and

(i) Not have been denied admission to practice before the District of Columbia Court of Appeals pursuant to its Rule 48.

2808.5

An attorney supervising a law student who appears pursuant to § 2808.4 shall:

(a) Be an active member in good standing of the District of Columbia Bar;

(b) Assume full responsibility for supervising the law student;

(c) Sign and file a Notice of Appearance in the case with the law student;

(d) Assist the law student in preparation of the case, to the extent necessary in the supervising lawyer's professional judgment to ensure that the law student's participation is effective on behalf of the person represented;

(e) Appear at all proceedings with the law student; and

(f) Review and sign any paper filed by the law student.

2808.6

The District of Columbia Rules of Professional Conduct shall govern the conduct of all attorneys appearing before OAH, in addition to these Rules.

2808.7

The Chief Administrative Law Judge or presiding Administrative Law Judge may enter an order restricting the practice of any attorney appearing before OAH for good cause. The restrictions may include, without limitation:

(a) Disqualification from a particular case;

(b) Suspension or disqualification from practice before OAH;

(c) A requirement that an attorney obtain ethics or other professional training or counseling; or

(d) A requirement that an attorney appear only when accompanied by another attorney with particular skills or a particular level of experience.

2808.8

The attorney shall be given notice and opportunity to be heard either before the imposition of a restriction, or as soon thereafter as is practicable.

2808.9

An Administrative Law Judge’s authority under § 2808.7 is limited to restricting the practice of an attorney in a pending case based on the conduct of the attorney in that case. Nothing in this Section limits the authority of the Chief Administrative Law Judge to enter a separate order restricting an attorney’s practice before OAH.

2808.10

Any attorney appearing before OAH in a representative capacity under this Section shall provide, under his or her signature, the attorney’s District of Columbia bar number, office address, and telephone number. Persons appearing (or applying to appear) under §§ 2808.2 or 2808.4 shall state, immediately under their signature, the Subsection under which they are appearing (or applying to appear), their office address, and telephone number. Persons appearing under § 2808.2 shall state the jurisdiction of their admission and shall provide the bar number, if any, from that jurisdiction, and their office address, and telephone number.

2808.11

An attorney representing a party may testify only as permitted by Rule 3.7 of the District of Columbia Rules of Professional Conduct.

2809.1

An attorney may withdraw an appearance before a hearing date has been set if:

(a) Another attorney simultaneously enters or has already entered an appearance on behalf of the client; and

(b) The attorney files a consent to the withdrawal that the client has signed.

2809.2

If a hearing date has been set, or if the client's written consent is not obtained, or if the client is not represented by another attorney, an attorney shall move to withdraw an appearance and receive permission from the presiding Administrative Law Judge to withdraw from the case. Unless the client is represented by another attorney or the motion is made orally in front of the client and the Administrative Law Judge, the attorney shall certify that:

(a) The attorney has served the client a notice advising the client to obtain other counsel, or if the client intends to represent himself or herself, or intends to object to the withdrawal, to notify the Administrative Law Judge in writing within fifteen (15) calendar days of service of the notice or before the next hearing date, whichever is earlier; and

(b) The attorney has served the client with a copy of the motion with a certificate of service listing the client's last known address.

2809.3

Except when an Administrative Law Judge has granted an oral motion to withdraw in the presence of the client, the order granting permission for the attorney to withdraw shall be served on the client. If no new counsel has entered an appearance or the client has not notified the Administrative Law Judge of an intention to represent himself or herself, the order shall instruct the client to arrange promptly for new counsel or be prepared to represent himself or herself.

2809.4

The presiding Administrative Law Judge may deny an attorney’s motion to withdraw if the withdrawal would unduly delay the case, be unduly prejudicial to any party, or otherwise not be in the interests of justice.

2810.1

An individual may represent himself or herself in proceedings before OAH.

2810.2

Any person representing a party as permitted by this Section shall obtain the consent of the party.

2810.3

A family member or domestic partner may represent a party provided that person does not accept compensation in any form.

2810.4

In addition to an attorney authorized by § 2808, an authorized agency employee may represent an agency before OAH.

2810.5

If required by law, an Administrative Law Judge shall permit a party to be represented by another person who is not an attorney.

2810.6

An authorized officer, director, partner, or employee may represent a corporation, partnership, limited partnership, or other private legal entity before OAH.

2810.7

An individual or any representative of any entity listed in § 2810.6 may represent a party if the party has or had a contractual relationship with that individual or entity that is substantially related to the subject matter of the case (such as a landlord/tenant relationship in a civil fine case or owner/property manager relationship) and that relationship existed before the case arose.

2810.8

Section 2982 contains additional Rules for representation in unemployment compensation cases.

2810.9

Sections 2972 and 2973 contains additional Rules for representation in public benefits cases.

2810.10

Section 2935 contains additional Rules for representation in rental housing cases.

2810.11

Any person authorized by the United States Tax Court to represent a party before that court may represent a party before OAH in any case arising under D.C. Official Code § 2-1831.03(b)(4), and on the same basis as would be permitted by the United States Tax Court.

2810.12

The Chief Administrative Law Judge or presiding Administrative Law Judge may enter an order restricting the practice of any non-attorney representative appearing at OAH.

2810.13

The non-attorney representative shall be given notice and opportunity to be heard either before the imposition of a restriction under § 2810.12, or as soon thereafter as is practicable.

2810.14

An Administrative Law Judge’s authority under § 2810.12 is limited to restricting the practice of a non-attorney representative in a pending case based on the conduct of the non-attorney representative in that case. Nothing in this Section limits the authority of the Chief Administrative Law Judge to enter a separate order restricting a non-attorney representative’s practice before OAH.

2811.1

A “paper” means any pleading, motion, exhibit, witness list, or any other written submission filed with OAH.

2811.2

Any paper filed at OAH shall be legible and signed by a party or a party’s representative.

2811.3

To file any paper at OAH, a person shall bring; mail; email to [email protected]; submit via the eFiling portal; or have the paper delivered to the Clerk’s Office during regular business hours from 9:00 a.m. to 5:00 p.m. on a business day.

(a) A paper is filed on the day the Clerk’s Office receives it during business hours, except as provided in §§ 2811.4, 2811.5, and 2811.6.

(b) This Section permits any party to file papers by email with OAH or via the eFiling portal and the District to file data electronically. It also permits OAH to serve orders and notices by e-mail. The filing of any paper by email or via the eFiling portal following the procedures set forth in this Section constitutes filing for all purposes under these Rules.

2811.4

REPEALED

2811.5

The filing date for an email filing received in the correct OAH email box before 5:00 p.m. on any OAH business day shall be the date it is received. The filing date for an email filing received at other times shall be the next day that the Clerk’s Office is open for business. The date and time recorded in the correct OAH email box shall be conclusive proof of when an email filing was received.

2811.6

The filing date for a paper received and date-stamped through the eFiling portal before 5:00 pm on any OAH business day shall be the date it is received, which the Clerk’s Office shall communicate by email through the eFiling portal. The filing date for an eFiling portal paper received at other times shall be the next day that the Clerk’s Office is open for business. The date and time recorded on the eFiling portal date stamp shall be conclusive proof of when the paper was filed.

2811.7

A party filing any paper by email or by the eFiling portal is responsible for any delay, disruption, or interruption of electronic signals, as well as for the legibility and completeness of the transmitted image, and accepts the risk that the paper may not be filed.

2811.8

(a) All papers, documentary exhibits, and photographic exhibits to be filed by email or via eFiling portal shall be in portable document format (PDF). The papers shall be attached to an email, and not contained in the body of the email itself.

(b) Audio and video exhibits filed with a paper shall be filed on a flash drive with the Clerk’s Office; by email; via eFiling portal; or other electronic platform approved by the Clerk’s Office. All audio and video exhibits shall be in mp4 format.

2811.9

OAH may reject any email filings that do not conform to this Section.

2811.10

Pursuant to § 2806, every paper filed by email or via eFiling portal shall contain:

(a) The name, mailing address, telephone number, and email address of the person filing it;

(b) The case number assigned by OAH, or a statement that a case number has not yet been assigned; and

(c) A brief description of the paper (for example, “request for hearing in a Medicaid matter,” “motion for new hearing date for an unemployment hearing,” “exhibits/documents for hearing in rental housing case”).

2811.11

A filing that does not contain the information in § 2811.10 is subject to rejection. A cover page that can be used to satisfy this requirement is available at OAH. The “subject” line of the email shall also contain a brief description of the paper.

2811.12

If a paper filed by email or via eFiling portal is rejected, the party shall be notified by email. A rejected paper does not constitute a filing at OAH.

2811.13

Every filing, including papers filed by email or via the eFiling portal, shall contain a signature. A paper filed by email by an unrepresented party, that does not contain a signature as required by this Subsection, shall not be rejected on that basis alone.

2811.14

The certification requirement of § 2811.15 shall apply to all papers filed by email and via the eFiling portal.

2811.15

A party or representative filing a paper with OAH certifies in good faith that the party or representative:

(a) Has read the paper;

(b) Is not presenting it for any improper purpose, such as to harass, to cause unnecessary delay, or to increase the cost of litigation needlessly;

(c) Any legal contentions are warranted by existing law or a good faith argument to change existing law; and

(d) Any factual contentions have or are likely to have evidentiary support.

2811.16

If, after notice and an opportunity to respond, an Administrative Law Judge determines that an attorney or representative has violated this Section, the Administrative Law Judge may impose sanctions, including those authorized by §§ 2808.7 and 2810.12.

2812.1

“Service” of a paper or to “serve” a paper means to send or deliver the paper as set forth in this Section.

2812.2

Every paper filed at OAH shall be served on the other parties or their attorneys or representatives no later than the day it is filed with OAH. Exceptions may be identified in these Rules, by statute, or by OAH order.

2812.3

Unless otherwise ordered by an Administrative Law Judge or agreed by the parties, service shall be made by delivering a copy, mailing a copy, emailing a copy, or sending a copy by commercial carrier. Service on an attorney for a party, or on a District agency through its Office of the General Counsel, designee, or its contractor, may be made by emailing a copy.

2812.4

Service by delivery means:

(a) Handing a copy of a paper to the party or a representative;

(b) Leaving a paper at the party’s or representative’s place of business with an employee; or

(c) Leaving a paper at the party’s residence with an adult who lives there.

2812.5

Service by mail means mailing a properly addressed copy of a paper with first-class postage by depositing it with the United States Postal Service.

2812.6

Service by email means emailing a legible copy of a paper to the correct email address without the system receiving a reply that the email could not be delivered.

2812.7

Service by commercial carrier means giving a copy of a paper, properly addressed to the commercial carrier with the cost of delivery pre-paid for delivery within three calendar days.

2812.8

Unrepresented parties may consent to service by email or other means of service and may withdraw their consent. Both consent and withdrawal of that consent shall be in writing, and shall be filed with OAH and served on all parties. Implied consent to service by email shall be presumed if the unrepresented party has already filed or served papers via email.

2812.9

Any paper filed shall include a signed statement that the paper was served on the parties. This statement is known as a “certificate of service.” The certificate of service shall identify the individual serving the paper, the parties and addresses served, the way the paper was served, and the date served.

2812.10

The Clerk may reject, or an Administrative Law Judge may strike, a paper if a party fails to file a certificate of service with the paper.

2812.11

A party’s actual receipt of a paper shall bar any claim by the party of defective service except for a claim of late service.

2812.12

A party shall send a copy of any paper filed by email (except a request for a hearing that begins a case) to all other parties, and shall include a certificate of service as required by § 2812.9.

2812.13

The five (5) additional days added to the response times by § 2813.5 do not apply to orders, notices, or papers served by email, even if they are also served by other means.

2812.14

Unless otherwise ordered, a party who files or serves any original paper by email shall keep the original until after the case is concluded and the time for any appeals has expired. The party shall make the original available for inspection upon request of another party after prior reasonable notice filed with OAH. This Section shall not limit the authority of an Administrative Law Judge to order production of the original.

2812.15

Parties served by email are responsible for monitoring their email accounts, including spam (bulk or junk) folders, and for opening the emails.

2812.16

The Clerk may serve orders and notices by email to any party who provides an email address and consents, in writing or on the record, to receiving papers by email. The party shall ensure that the Clerk has an accurate, up-to-date email address. The Clerk may serve orders and notices by email in addition to any other authorized method of service.

2812.17

If the District seeks to begin a case at OAH by filing a Notice of Infraction or a Notice of Violation pursuant to §§ 2803 and 2804, the District may transfer to OAH data from the Notice of Infraction or the Notice of Violation by electronic means, pursuant to prior technical arrangements with OAH. The electronic transfer by itself neither begins a case nor satisfies the District’s obligations under §§ 2803 and 2804. The District shall file the Notice of Infraction or Notice of Violation and its attachments, substantially in the form provided to the Respondent, with the proof of service.

2813.1

This Section applies to all time periods, whether set by these Rules, by an OAH order, or by any applicable law, unless a statute or specific regulation provides otherwise.

2813.2

When an action shall or may be taken within a specified number of days after an act or event, the day of the act or event shall not be counted against the days allowed. If OAH is closed on the day that is the specified number of days after the act or event, then the last day for taking the action is the next day that OAH is open.

2813.3

When an action shall or may be taken at least a specified number of days before an act or event, the day of the act or event shall not be counted toward the required number of days. If OAH is closed on the day that is the specified number of days before the act or event, then the last day for taking the action is the next day that OAH is open.

2813.4

In computing any time period measured in hours:

(a) If any period expires before 10:00 a.m. on any day OAH is open, the period shall be extended to 10:00 a.m. on that day;

(b) If any period expires after 4:00 p.m. on any day, the period shall be extended to 10:00 a.m. on the next day OAH is open; and

(c) If any period expires on a day OAH is closed, the period shall be extended to 10:00 a.m. on the next day OAH is open.

2813.5

Unless a statute or regulation provides otherwise, when a party may or shall act within a specified time period, measured in days, after service of a document:

(a) The specified time period shall apply if the document is served no later than 5:00 p.m. by a successfully completed hand-delivery, or email transmission. If service by one of these methods is completed after 5:00 p.m., the document shall be deemed served the following day.

(b) One (1) day shall be added to the specified time period if the document is served by being delivered to or picked up by a commercial delivery service for next-day delivery.

(c) Five (5) days shall be added to the specified time period if the document is served by being placed in the United States mail (postage paid) or in District of Columbia Government inter-agency mail.

(d) Service is deemed complete when sent.

2813.6

When a party may or shall act within a specified time period, an Administrative Law Judge for good cause shown may reduce the time or extend it, even after the period has expired, except for any period prescribed by law, any period provided under § 2833, or any ten (10) day period provided under § 2830.

2813.7

Any reference to “days” in an OAH order or in these Rules means calendar days unless specifically designated otherwise.

2814.1

To answer a Notice of Infraction or a Notice of Violation (both “Notice”), a Respondent shall file the Respondent’s copy of the Notice at OAH. The Respondent shall indicate on the Notice whether the Respondent’s answer is Admit, Admit with Explanation, or Deny.

2814.2

If a Respondent does not file the Respondent’s copy of the Notice, the answer shall be rejected by the Clerk’s Office.

2814.3

A Respondent is not required to send a copy of the answer to the District. OAH shall send the District a copy of every answer of Deny or Admit with Explanation.

2814.4

A Respondent whose answer is Admit shall pay the fine specified on the Notice when filing the answer. A Respondent who pays the fine without stating a plea shall be deemed to have pleaded Admit.

2814.5

If a Respondent’s answer is Deny, OAH shall schedule a hearing and shall notify the Respondent and District, in writing, of the hearing date and time. The hearing order shall contain additional information about procedures for the hearing.

2814.6

If a Respondent’s answer is Deny, an Administrative Law Judge may decide the case based on the papers submitted, without an in-person hearing, if the Administrative Law Judge determines that a hearing is unnecessary and after giving the District notice and an opportunity to respond.

2814.7

At least five (5) calendar days before any hearing date, the Respondent shall file with OAH, and also shall serve on the District copies of all exhibits that the Respondent intends to ask the Administrative Law Judge to consider at the hearing. An Administrative Law Judge may allow a Respondent to use exhibits at a hearing that the Respondent did not file or provide to the District before the hearing if there is no prejudice to the District.

2814.8

If a Respondent’s answer is Admit with Explanation, a Respondent shall submit a written explanation stating why the Respondent believes the Administrative Law Judge should reduce or suspend the fine or any penalty. The Respondent also shall submit any papers, photographs, or other materials supporting the Respondent’s explanation.

2814.9

OAH shall send a copy of an answer of Admit with Explanation and supporting materials to the District, and shall allow the District twenty-one (21) calendar days to reply. The District shall send the Respondent a copy of all papers the District files in reply.

2814.10

The Administrative Law Judge shall decide Admit with Explanation cases by considering all the materials filed by the parties, including any exhibits filed with the Notice, Respondent’s explanation and supporting materials, and the District’s reply and supporting materials. The Administrative Law Judge shall hold a hearing only if the parties’ materials are not sufficient to allow him or her to decide the case.

2814.11

In an Admit with Explanation case, the Administrative Law Judge shall dismiss the Notice if he or she determines that the Respondent did not commit or is not responsible for the violation charged.

2814.12

In all civil fine cases, an Administrative Law Judge shall not impose a fine that exceeds the fine amount the District requests.

2815.1

This Section contains rules for deciding civil fine cases in which the Respondent does not file an answer.

2815.2

(a) In a Civil Infractions Act or a Litter Control Administration Act case, if a Respondent fails to answer within the time required by law, an Administrative Law Judge shall determine whether:

(1) The District has submitted evidence of proper service; and

(2) The Notice of Infraction or Notice of Violation meets all legal requirements on its face.

(b) If an Administrative Law Judge determines the requirements of § 2815.2(a) have been met, the Administrative Law Judge shall find the Respondent in default and shall impose the legally authorized fine and penalty. If not, the Administrative Law Judge shall dismiss the Notice of Infraction or Notice of Violation without prejudice.

2815.3

In a Civil Infractions Act case, if the USPS returns an order finding the Respondent in default to the Clerk’s Office, for reasons that call into question the accuracy of any affidavit filed under §§ 2803.5 through 2803.10, (for example, “no such address,” “addressee unknown”), an Administrative Law Judge may issue an order requiring the District to show why the default order should not be vacated. If the District does not respond with sufficient evidence showing that it mailed the Notice of Infraction to a valid address for the Respondent, the default order shall be vacated and the Notice of Infraction shall be dismissed.

2815.4

In default cases brought under acts other than the Civil Infractions Act or the Litter Control Administration Act, the procedure shall be consistent with the applicable law and shall ensure that:

(a) There is sufficient evidence of proper service on the Respondent; and

(b) The charging document meets all legal requirements on its face. 2815.5 A Respondent who fails to answer shall be held in default and shall pay the legally authorized fine and penalty. If the Administrative Law Judge does not find the Respondent in default, the Administrative Law Judge shall dismiss the Notice without prejudice.  

2816.1

Except as provided in § 2816.2, if the party initiating a case fails to comply with an Administrative Law Judge’s order or these Rules or otherwise fails to prosecute the case, the Administrative Law Judge may, on his or her own motion or on the motion of the opposing party, dismiss all or part of the case. Dismissal shall ordinarily be with prejudice unless the Administrative Law Judge finds good cause to dismiss without prejudice.

2816.2

Dismissals for defective service shall be without prejudice, unless the Administrative Law Judge decides otherwise.

2816.3

If an attorney, representative, or unrepresented party fails, without good cause, to appear at a hearing, the Administrative Law Judge may dismiss the case, enter an order of default, decide the case on the merits, or impose other sanctions.

2816.4

If an attorney, representative, or unrepresented party fails, without good cause, to appear at a prehearing or status conference or a mediation session, the Administrative Law Judge may determine the appropriate sanction, which may include dismissal or entry of default.

2817.1

A “motion” is a request for an Administrative Law Judge to take some action. Before filing any motion (except a motion for summary adjudication, voluntary dismissal, reconsideration, relief from a final order, attorney’s fees, or sanctions), a party shall make a good faith effort to ask all other parties if they agree to what the motion requests. The motion shall describe that good faith effort to obtain consent to the motion, and state whether the other parties agreed to what the motion requests. If a party fails to comply with this § 2817.1, an Administrative Law Judge may deny the motion.

2817.2

Unless made during a hearing, all motions shall be in writing. Parties may choose to file, or an Administrative Law Judge may require the parties to file, briefs (written arguments) in support of or in opposition to a motion. The required format and structure for motions shall be as follows:

(a) Without permission from an Administrative Law Judge, no motion or response (or any brief in support of or in opposition to a motion) shall exceed twenty (20) one and one-half (1.5)-spaced typed pages in length, excluding exhibits.

(b) The font size of a motion, response, or brief shall be at least twelve (12) points, with no less than one-inch margins.

(c) The first page of a motion, response, or brief shall include: the parties’ names, the case number, and the name of the presiding Administrative Law Judge, if known. The last page shall include a certificate of service that complies with § 2812.9.

(d) A motion shall state what the party wants the Administrative Law Judge to do and why.

2817.3

When a motion is based on information not on the record, a party may support or oppose the motion with affidavits, declarations, or other papers.

2817.4

Except as otherwise ordered by an Administrative Law Judge, a separate memorandum of points and authorities shall not be filed with a motion.

2817.5

Before filing a motion to schedule or reschedule a hearing or status conference, a party shall make a good faith effort to consult with all other parties and seek agreement on two (2) or more acceptable dates and times for the hearing or status conference.

2817.6

Unless otherwise provided by these rules or ordered by an Administrative Law Judge, all parties opposing a motion shall have fourteen (14) calendar days from the service of the motion to file and serve a response. Further filings related to the motion are not permitted and may be rejected unless ordered by an Administrative Law Judge.

2817.7

The Administrative Law Judge may decide any motion without holding a hearing. No motion, including a motion to extend time, to continue a hearing, or to seek other relief, shall be effective until an Administrative Law Judge decides the motion in writing. Parties may contact OAH to learn if an Administrative Law Judge has decided a motion.

2817.8

The Administrative Law Judge may decide a motion regarding scheduling or rescheduling without waiting for a response.

2818.1

The party initiating the case may move to dismiss the case at any time, and the Administrative Law Judge may grant the motion without waiting for a response from the opposing side.

2818.2

An opposing party who objects to the voluntary dismissal of a case may file a motion for reconsideration as provided in § 2830.

2818.3

The parties may file a joint motion for dismissal of a case with or without prejudice.

2818.4

Dismissal under this Section shall be without prejudice unless an Administrative Law Judge orders otherwise. A dismissal with prejudice may occur:

(a) If the party requesting dismissal has previously dismissed the claim;

(b) If the motion for dismissal is made pursuant to a settlement that does not specifically require dismissal without prejudice; or

(c) In order to prevent harm to the other side.

2818.5

For any pending case, the agency issuing the Notice of Infraction or Notice of Violation shall file a Notice of Voluntary Dismissal with OAH within five (5) business days of any of the following occurring:

(a) Payment of all fines cited in the subject Notice, and any applicable penalties, pursuant to an Admit plea submitted under § 2814.4;

(b) Any payment accepted in full satisfaction of all outstanding fines and penalties pursuant to settlement of the case; or

(c) Execution of a settlement agreement involving a waiver of outstanding fines and penalties.

2818.6

A Notice of Voluntary Dismissal filed pursuant to § 2818.5 shall reference one of the grounds above, if applicable.

2818.7

If a default order or Final Order is inadvertently entered by OAH due to an agency’s failure to timely file a Notice of Voluntary Dismissal in accordance with this Rule, the agency shall file a Motion to Vacate in accordance with § 2830.11 within five (5) business days of service of the Final Order.

2819.1

A party may move for an Administrative Law Judge to decide a case or part of a case summarily, without an evidentiary hearing, by filing a motion for summary adjudication. A motion for summary adjudication that relies on factual assertions shall include a statement of undisputed facts that support the decision requested by the party. A statement of undisputed facts sets forth facts that matter to the case and that the party has reason to believe are not or will not be genuinely disputed by the other party or parties. A motion for summary adjudication may include affidavits, declarations under penalty of perjury, exhibits, and a discussion of controlling legal authority.

2819.2

The party opposing a motion for summary adjudication may file a statement indicating for each fact set forth in the statement of undisputed facts whether the party admits the fact, denies the fact, or does not have sufficient information to admit or deny the fact. The party’s opposition to the motion for summary adjudication may also include affidavits, declarations under penalty of perjury, exhibits, and a discussion of controlling legal authority.

2819.3

The Administrative Law Judge may treat as undisputed any facts set forth in the statement of undisputed facts that are not disputed by the opposing party. The Administrative Law Judge may also conduct a hearing on whether facts that matter to the case are genuinely in dispute.

2819.4

If the undisputed facts support the decision requested by the moving party, the Administrative Law Judge may grant a summary adjudication for the moving party.

2820.1

Mediation is a process of assisted, informal negotiation which uses a neutral third party, the mediator, to aid the parties in exploring the possibility of settlement. No party shall be compelled to accept a settlement or other resolution of the dispute in mediation.

2820.2

At any time during case proceedings, an Administrative Law Judge may refer a case for mediation to a qualified mediator with or without the consent of the parties. Any party may request an Administrative Law Judge to refer a case for mediation.

2820.3

Mediations are confidential and shall be closed to the public. Mediations shall not be recorded electronically or in any other manner, with or without the consent of the parties. Evidence of anything that occurs during mediation sessions and documents prepared exclusively for or during mediation shall not be introduced into evidence or otherwise disclosed to the presiding Administrative Law Judge. Nothing in this Subsection prohibits the introduction or disclosure of information or evidence that any party obtained outside of mediation.

2820.4

The mediator may speak privately with any party or any representative during the mediation process.

2820.5

The mediator shall not disclose anything that occurs at mediation to the presiding Administrative Law Judge except to report without elaboration:

(a) Whether the parties reached an agreement; and, if not

(b) Whether he or she believes further mediation would be productive.

2820.6

The mediator shall not be called to testify, participate in discovery, or otherwise provide information in any subsequent proceeding related to the mediation.

2820.7

An Administrative Law Judge who conducts mediation shall not be the Administrative Law Judge in any subsequent proceedings for the case, but, with the consent of the parties, may issue an order on procedural matters concerning the mediation or reflecting any agreement reached during the mediation.

2820.8

All parties or their representatives shall appear for any mediation session. Any representative who appears shall have authority to resolve the case.

2820.9

If a party or representative fails to appear at a scheduled mediation session without good cause, the mediator shall notify the presiding Administrative Law Judge, who may impose an appropriate sanction, which may include dismissal or entry of default.

2821.1

Discovery is generally not permitted. An Administrative Law Judge may authorize discovery for good cause shown, but interrogatories and depositions are disfavored.

2821.2

A party may move for an Administrative Law Judge to issue a subpoena to require any non-party to provide documents prior to the hearing in accordance with §§ 2824, 2934, 2975, and 2984, as applicable.

2821.3

Any motion for discovery shall explain the relevance of the information that is sought and shall describe all attempts to obtain consent from the opposing party, including a description of all discovery to which the opposing party has agreed.

2821.4

Unless otherwise ordered by an Administrative Law Judge, any motion for discovery shall be filed at least twenty (20) calendar days before the date of any scheduled evidentiary hearing.

2821.5

An Administrative Law Judge may impose appropriate sanctions if a party fails to comply with a discovery request, including prohibiting the party from offering evidence and ordering that specific facts are established.

2821.6

At an Administrative Law Judge’s discretion, a witness may be allowed to offer opinion testimony even if the witness is not qualified by an Administrative Law Judge as an expert in a particular subject matter. A party wishing to present expert or other opinion testimony may disclose to the other parties in writing, a reasonable time prior to the witness’s testimony, some or all of the following:

(a) The witness’s identity and professional experience (a resume or curriculum vitae);

(b) The opinions to which the witness expects to testify;

(c) A short and plain statement of the basis for each opinion to which the witness expects to testify; and

(d) If the witness expects to base an opinion on publications, a list of those publications.

2821.7

The disclosures under § 2821.6 may be prepared by someone other than the witness. A party may be required to make any or all of these disclosures by order of an Administrative Law Judge.

2821.8

For good cause shown, including undue prejudice to a party, an Administrative Law Judge may limit, postpone, or refuse to allow expert or other opinion testimony. In deciding whether a witness may offer expert or other opinion testimony and in assessing how much weight to give to such testimony, an Administrative Law Judge may consider the adequacy, timing, or absence of the disclosures described in § 2821.6 as well as any failure to make an ordered disclosure.

2822.1

Unless otherwise established by law, the proponent of an order shall have the burden of proof, that is, the requirement to persuade the Administrative Law Judge on every contested factual issue.

2822.2

Unless otherwise established by law, the burden of production, that is, the requirement to introduce evidence first, shall be as follows:

(a) Whenever a party challenges the District’s denial of an application for a license, permit, or public benefit, the District shall have the burden of producing sufficient evidence to establish the reasons for the denial;

(b) Whenever the District suspends, revokes, or terminates a license, permit, or public benefit, or proposes to do so, the District shall have the burden of producing sufficient evidence to establish the reasons for its action;

(c) The party asserting an affirmative defense identified in District of Columbia Superior Court Civil Rule 8(c) shall have the burden of producing sufficient evidence to establish that defense; and

(d) The party asserting an exception to the requirements or prohibitions of any statute or rule shall have the burden of producing sufficient evidence to establish that exception.

2822.3

Otherwise, an Administrative Law Judge shall allocate the burden of producing evidence to promote fairness, equity, substantial justice, and sound judicial administration.

2822.4

If a party has presented all of its evidence on an issue on which it has the burden of proof, and the presiding Administrative Law Judge concludes that the party has failed to meet its burden, the Administrative Law Judge may find against that party on that issue without awaiting the close of all the evidence in that case.

2823.1

The presiding Administrative Law Judge shall determine whether a hearing is required by law in any case.

2823.2

Unless otherwise ordered by an Administrative Law Judge, at least five (5) calendar days before any evidentiary hearing (except in unemployment compensation cases governed by § 2983.1 or in DFHV cases), a party shall serve on all other parties and file with the Clerk the following:

(a) A list of the witnesses, other than a party or a charging inspector, whom the party intends to call to testify, including their address and telephone number if available; and

(b) An exhibit list, including a numbered copy of each exhibit that the party intends to offer into evidence, other than exhibits that were served with the Notice of Violation, Notice of Infraction, or Answer or are to be used solely for impeachment or rebuttal.

2823.3

The Administrative Law Judge may exclude any witnesses or exhibits not disclosed under § 2823.2 if he or she finds that the opposing party would be prejudiced by the failure to disclose. 2823.4

(a) An Administrative Law Judge shall have the sole discretion to determine whether a proceeding or part of a proceeding will be conducted in person, via teleconference, or via videoconference.

(b) Subject to a party’s right to request to appear in person or via videoconference, teleconferencing shall be presumptively used for pre-hearing conferences, status conferences and motion hearings.

(c) By OAH policy, the Chief Administrative Law Judge shall establish the presumed manner of conducting evidentiary hearings.

(d) An in-person hearing shall be held only in an OAH courtroom, except as otherwise provided in this Section. An in-person hearing may be held in another physical location only as required by law or in exceptional circumstances with approval of the Chief Administrative Law Judge. An Administrative Law Judge may permit a party to appear or a witness to testify at an in-person hearing from a remote location by telephone, videoconferencing, or similar means. Unless otherwise permitted or ordered by an Administrative Law Judge, representatives of a party shall not appear by telephone at an in-person hearing.

(e) An Administrative Law Judge may determine the manner and extent of the use of teleconferencing or videoconferencing, and may require participants to attend court proceedings, in whole or in part, in whatever manner they deem appropriate.

(f) Any party may request that a hearing may be conducted in an alternate platform or in-person if scheduled remotely. Any request to change the platform in which a hearing is to be conducted shall comply with § 2817 regarding the filing of motions. In considering a request to change the way a proceeding is conducted, the Administrative Law Judge shall consider:

(1) The capabilities of the Administrative Law Judge and the parties to participate in the platform to be used, including whether any necessary parties are unable to participate in the proceeding because of lack of technology, poor connectivity, actual inability to use technology, or inability to physically appear;

(2) Whether the other necessary parties consent to the request;

(3) Whether the platform to be used for the proceeding will facilitate the presentation of evidence in the case;

(4) Whether the platform to be used for the proceeding will prejudice either party, either positively or negatively; and

(5) Any other factors that the Administrative Law Judge may determine to be relevant.

2823.5 Parties shall have the following rights at a hearing:

(a) To testify and to have other witnesses testify for them;

(b) To cross-examine witnesses called by another party;

(c) To request that any prospective witness be excluded from the courtroom;

(d) To examine all exhibits offered into evidence by another party;

(e) To object to the admission of any testimony or other evidence;

(f) To subpoena witnesses, as provided in § 2824; and

(g) To appear with a representative, as provided in §§ 2808 and 2810.

2823.6

At a hearing, all parties may present evidence. “Evidence” includes testimony by the parties and by any witnesses; papers; photographs; or any other items that a party believes may help the Administrative Law Judge decide the case. The Administrative Law Judge shall decide what evidence shall become part of the record.

2823.7

Testimony in any hearing ordinarily will be given in open court. An Administrative Law Judge may exclude testimony given by any other means, unless otherwise permitted by statute or these Rules.

2823.8

For good cause shown, an Administrative Law Judge may permit a witness to submit written testimony in advance of the hearing, subject to cross-examination and redirect examination at the hearing.

2823.9

For good cause shown, an Administrative Law Judge may allow parties to submit pre-recorded testimony subject to appropriate safeguards including cross-examination.

2823.10

All witnesses shall testify under oath or affirmation subject to the penalty of perjury. Nothing in this Subsection forbids the admission of an affidavit or other written statement under penalty of perjury.

2823.11

Hearsay evidence (generally, a statement by a person not present at the hearing) is admissible. When hearsay evidence is admitted, the Administrative Law Judge shall assess the reliability of the evidence to determine the weight it should be assigned. An Administrative Law Judge shall consider the speaker’s absence in evaluating the evidence.

2823.12

In determining the admissibility and weight of evidence, an Administrative Law Judge may use the Federal Rules of Evidence for guidance, but they shall not be binding.

2823.13

An Administrative Law Judge may limit or exclude testimonial or documentary evidence to avoid surprise or prejudice to other parties, repetition, or delay.

2823.14

Whenever any applicable law or order requires or permits the filing of an affidavit or other writing signed under oath, the signer may submit a written declaration in substantially the following form: “I declare under penalty of perjury that the foregoing is true and correct. Signed on (date). ___(Signature)_____ (Printed or typed name)”

2823.15

All Administrative Law Judges are authorized to administer oaths.

2824.1

Except as provided in § 2824.5 (unemployment compensation and rental housing cases), a subpoena for the appearance of witnesses and production of documents at a hearing shall only be issued by an Administrative Law Judge.

2824.2

A party may request a subpoena in writing in accordance with § 2824.3 or an Administrative Law Judge may issue a subpoena without a party’s request. Subpoenas and forms to request a subpoena are available from the Clerk’s Office.

2824.3

To request a subpoena, unless otherwise authorized by an Administrative Law Judge, a party shall file a motion that states the relevance of the requested testimony or documents with a copy of the proposed subpoena. An Administrative Law Judge may modify the proposed subpoena.

2824.4

Unless otherwise provided by law or order of an Administrative Law Judge, any request for a subpoena shall be filed no later than seven (7) calendar days prior to the hearing.

2824.5

In unemployment compensation and rental housing cases, the Clerk shall, without an order of the Administrative Law Judge, issue the following subpoenas at the request of a party:

(a) For subpoenas in unemployment compensation cases, refer to Section 2984.

(b) For subpoenas in rental housing cases, refer to Section 2934.

(c) When the Clerk issues a subpoena authorized by this Subsection, the Clerk shall sign it, but otherwise leave it blank. The party requesting the subpoena shall fill in the remaining information on the subpoena form.

(d) If a party in an unemployment insurance or rental housing case wants to obtain any subpoena not authorized by this Subsection, the party shall request an Administrative Law Judge to issue that subpoena in accordance with §§ 2824.1 through 2824.4.

2824.6

It is the responsibility of the requesting party to serve a subpoena in a timely fashion. Any person, including a party, who is at least eighteen (18) years of age, may serve a subpoena.

2824.7

Service of a subpoena for a witness to appear at a hearing shall be made by personally delivering the subpoena to the witness, or as consented to by the person or entity served, or as ordered by an Administrative Law Judge. Unless otherwise ordered by an Administrative Law Judge, service shall be made at least seven (7) calendar days before the hearing.

2824.8

A subpoena for the production of documents shall be directed to either an individual, a corporation, the District, or another entity.

2824.9

A subpoena to produce documents shall be served by any of the following means:

(a) Handing it to the person or to a representative of the person or entity;

(b) Leaving it at a person’s office with a responsible adult, or if no one is available, leaving it in a conspicuous place in the office;

(c) Leaving it with a responsible adult at an entity’s office that is connected to the case;

(d) Mailing it to the last known address of the person;

(e) Mailing it to the last known address of an entity’s office connected to the case; or

(f) Delivering it by any other means, including electronic means, if consented to in writing by the person or entity served, or as ordered by an Administrative Law Judge.

2824.10

A person or entity ordered by subpoena to produce documents:

(a) Shall not appear in person at the hearing unless ordered by an Administrative Law Judge to produce the documents at a hearing;

(b) Shall produce the documents as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the subpoena; and

(c) Shall expressly make any claims of privilege or protection with a description of the documents not produced that is sufficient to enable the requesting party to contest the claim.

2824.11

A subpoena may be served at any place within the District of Columbia, or at any place outside the District of Columbia that is within twenty-five (25) miles of the place of the hearing.

2824.12

Upon order of an Administrative Law Judge, to prove service of a subpoena, a party shall file a written statement or shall provide in-court testimony describing the date of service, manner of service, and names of the persons served.

2824.13

The recipient of a subpoena, or any party to the case, may file and serve a motion to quash or modify the subpoena. An Administrative Law Judge may quash or modify the subpoena for any reason, including, but not limited to, if the subpoena:

(a) Was issued under §§ 2824.5, 2934.1 or 2984.1, but does not meet the requirements of those Subsections;

(b) Was improperly served;

(c) Fails to allow reasonable time for compliance;

(d) Requires a person who is not a party or an officer of a party to travel to a hearing more than twenty-five (25) miles from where that person resides, is employed, or regularly transacts business, except that such a person may be ordered to appear by telephone;

(e) Requires disclosure of privileged or other protected information; or (f) Subjects a person or entity to undue burden or expense.

2824.14

If a person or entity disobeys a subpoena, an Administrative Law Judge may order compliance with the subpoena, as authorized by D.C. Official Code § 2-1831.09(b)(1). If a person subject to the order fails to comply, the Administrative Law Judge may impose sanctions as authorized by D.C. Official Code § 2-1831.09(b)(8). A party may apply to the Superior Court of the District of Columbia for an order to show cause why that person should not be held in civil contempt, as authorized by D.C. Official Code § 2-1831.09(e).

2825.1

When cases involve a common question of law or fact, or when multiple Notices of Violation or Notices of Infraction have been issued to the same Respondent, an Administrative Law Judge may, in his or her discretion:

(a) Consolidate the cases for all or any purposes; or

(b) Order a joint hearing on all or any issues.

2825.2

An Administrative Law Judge may consolidate cases or order a joint hearing on motion of a party or on the Administrative Law Judge’s own motion.

2825.3

An Administrative Law Judge may order a separate hearing on any issue in a case where appropriate.

2826.1

OAH shall provide oral or sign language interpretation services upon request for persons seeking information or participating in a hearing. An Administrative Law Judge may order the use of such services at a hearing. Only interpreters arranged by OAH shall be used during hearings.

2826.2

A person who needs oral or sign language interpretation services for a hearing shall request them as early as possible to avoid delay.

2826.3

Upon request by a party with impaired vision, OAH shall provide official documents in Braille or large print within seven (7) business days.

2826.4

An interpreter at a hearing shall interpret accurately, completely, and impartially to the best of the interpreter’s skills and judgment, and under oath or affirmation subject to the penalty of perjury.

2827.1

Unless otherwise prohibited by law or duly ordered by an Administrative Law Judge, proceedings at OAH shall be open to the public.

2827.2

Administrative Law Judges and OAH non-judicial staff may observe any proceedings at OAH. They shall keep confidential any confidential information that they may receive in those proceedings.

2827.3

Electronic devices that make noise, including cell phones, are prohibited unless set for silent operation.

2827.4

Audio and video recording, broadcasting, and photography are prohibited anywhere at OAH unless authorized by the Chief Administrative Law Judge. The presiding Administrative Law Judge may allow anyone to draw during proceedings in a hearing room so long as it does not disrupt those proceedings.

2827.5

Weapons, dangerous implements, and illegal drugs are prohibited at OAH and are subject to confiscation. The prohibition against weapons does not apply to authorized service weapons carried by law enforcement officers unless they are parties to a case.

2827.6

Dangerous or toxic items, including but not limited to chemicals and sharp objects, that pose a threat to health or safety are prohibited at OAH. Any party who wants to use such an item as evidence shall file a motion and obtain the approval of the presiding Administrative Law Judge prior to the hearing before bringing the item to OAH.

2827.7

Except for those animals assisting persons with disabilities, animals are prohibited at OAH.

2827.8

Any person who presents a threat to safety or who is disrupting OAH operations or proceedings may be removed.

2828.1

All proceedings, except for mediations, shall be recorded. The recording is the official record of what occurred at the proceeding.

2828.2

Any party may obtain a copy of the recording of a proceeding by request. OAH may charge a fee for the recording, but the fee may be waived by an Administrative Law Judge or by the Clerk’s Office.

2828.3

Any transcript of a recording of a proceeding shall be prepared by a qualified reporter or transcriber who shall personally certify that he or she is not a party or counsel to a party or otherwise related to or employed by a party or counsel in the case; that he or she has no material interest in the outcome of the case; and that the transcript represents the testimony and proceedings of the case as recorded.

2828.4

In filings, a party may only rely upon a transcript prepared according to this Section.

2828.5

Unless otherwise stipulated by the parties or ordered by an Administrative Law Judge, if a party cites to a portion of a transcript, the entire transcript of the proceeding shall be filed at OAH, and a copy shall be served on all parties.

2828.6

In any case in which a party files a petition for review in the District of Columbia Court of Appeals, OAH shall arrange for the preparation and filing of a transcript without charge to any party.

2829.1

Before issuing an order imposing any sanctions under the OAH Establishment Act (D.C. Official Code §§ 2-1831.01 - .19), the presiding Administrative Law Judge shall allow the party subject to the sanction an opportunity to be heard. Any order imposing a sanction shall be in writing.

2830.1

This Section contains Rules about how to ask an Administrative Law Judge to change a final order after it has been issued or to request a new hearing whether or not a final order has been issued. Errors or omissions are not a sufficient basis for a new hearing or to change an order if the errors are harmless.

2830.2

No motion filed under this Section stays the final order or otherwise affects a party’s obligations to comply with the final order, unless an Administrative Law Judge orders otherwise.

2830.3

Within ten (10) calendar days after a final order has been served, any party may file a motion asking the Administrative Law Judge to change the final order. Such a motion is a “motion for reconsideration or for a new hearing.” The movant shall state whether an appeal has been filed.

(a) If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

(b) If an appeal has been filed, an Administrative Law Judge may, in his or her discretion, issue an indicative order to alert the appellate forum as to how they would rule on a motion for reconsideration if OAH had jurisdiction.

2830.4

With the exception of public sector workers’ compensation cases, if any party files a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline of § 2830.3, the time for seeking judicial review of a final order does not start to run until the Administrative Law Judge rules on the motion.

2830.5

If any party files a motion for reconsideration or for a new hearing before a final order is issued or within the ten (10) calendar day deadline of § 2830.3, and where substantial justice requires, the Administrative Law Judge may change the final order or schedule a new hearing for any reason including, but not limited to, the following:

(a) The party filing the motion did not attend the hearing, has a good reason for not doing so, and states an adequate claim or defense;

(b) The party filing the motion did not file a required answer to a Notice of Infraction or Notice of Violation or did not file some other required document, has a good reason for not doing so, and states an adequate claim or defense;

(c) The final order contains an error of law;

(d) The final order’s findings of fact are not supported by the evidence; or

(e) New evidence has been discovered that previously was not reasonably available to the party filing the motion.

2830.6

An Administrative Law Judge shall treat any motion asking for a change in a final order as a motion for reconsideration or for a new hearing if it is filed within the ten (10) calendar day deadline specified in § 2830.3, regardless of the title that a party gives to that motion.

2830.7

After the ten (10) calendar day deadline, a party may file a motion asking the Administrative Law Judge to change the final order. A motion filed under this Subsection is a “motion for relief from the final order.” The movant shall state whether an appeal has been filed. If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

2830.8

Any motion for relief from the final order has no effect on the deadline for seeking judicial review of the final order.

2830.9

Any motion for relief from the final order based on the grounds stated in § 2830.10 (a), (b), or (c) shall be filed within one-hundred twenty (120) calendar days after service of the final order. A motion for relief from the final order based on the grounds stated in § 2830.10 (d) or (e) may be filed at any time.

2830.10

On a motion for relief from the final order, an Administrative Law Judge may change the final order only for one or more of the following reasons:

(a) Mistake, inadvertence, surprise, excusable neglect, or any other reason justifying relief (such as failure to attend a hearing for good cause; failure to answer a Notice of Infraction or Notice of Violation for good cause; or failure to file a required document for good cause), provided that the Administrative Law Judge considers whether the party:

(1) Had actual notice of the proceedings;

(2) Acted in good faith;

(3) Took prompt action;

(4) Presented an adequate defense, and

(5) Can argue that changing the final order would not prejudice the non-moving party;

(b) Newly discovered evidence that with reasonable diligence could not have been discovered in time to file a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline;

(c) Fraud, misrepresentation, or other misconduct of an adverse party;

(d) The final order is void, such as when the final order has been entered following defective or invalid service of process; or

(e) A prior judgment on which the final order is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.

2830.11

For good cause shown, the agency issuing the Notice of Infraction or Notice of Violation may request that a final order issued in its favor be set aside.

2830.12

An Administrative Law Judge shall treat any motion asking for a change in a final order as a motion for relief from the final order, if the motion is not filed within the ten (10) calendar day deadline specified in § 2830.3, regardless of the title that a party gives to that motion.

2830.13

Any party filing any motion under this Section shall include a short and plain statement of all the reasons why the Administrative Law Judge should change the final order or conduct a new hearing.

2830.14

An opposing party is not required to file a response to any motion under this Section, unless an Administrative Law Judge orders a response. Before granting any motion under the Section, an Administrative Law Judge shall issue an order allowing the opposing party an opportunity to respond to the motion.

2830.15

If an Administrative Law Judge grants a motion filed under this Section, he or she may:

(a) Order further submissions from the parties;

(b) Order the parties to appear for a hearing; or

(c) Issue a new final order that may or may not change the result in the case.

2830.16

A party who files a motion under this Section may request a ruling on the motion at any time before the Administrative Law Judge rules on the motion.

2831.1

Every appealable order shall include a statement of appeal rights and shall be served on the parties and their representatives.

2831.2

The filing of an appeal or a petition for review does not stay or delay the date a final order goes into effect unless a stay is ordered.

2831.3

Any party may file a motion to stay a final order pending appeal. A motion for a stay shall include the reasons for granting the stay. Any party may file a motion to stay the effective date of a final order.

2831.4

In determining whether to grant a stay, the Administrative Law Judge may consider the following factors: whether the party filing the motion is likely to succeed on the merits, whether denial of the stay will cause irreparable injury, whether and to what degree granting the stay will harm other parties, and whether the public interest favors granting a stay.

2832.1

At any time, an Administrative Law Judge or the Clerk, in consultation with an Administrative Law Judge, may correct clerical, typographical, numerical, or technical mistakes in the record and errors from oversight or omission.

2832.2

An Administrative Law Judge may order that notice of such corrections be given to the parties.

2832.3

If a party has filed a request for appellate review, such mistakes may be corrected before the record is transmitted to the reviewing court, and thereafter may be corrected with leave of the reviewing court.

2833.1

If an Administrative Law Judge has imposed monetary sanctions under the Civil Infractions Act, a Respondent may request to pay the monetary sanctions in installments. An Administrative Law Judge may permit installment payments for no more than six months beyond the date of the final order and may charge a fee of one percent per month of the outstanding amount.

2833.2

In requesting a payment plan under this Section, a Respondent shall state, in writing, the reasons for seeking a payment plan, the length of time requested, and why Respondent cannot afford to pay the entire monetary sanction in a lump sum.

2833.3

A Respondent shall file with OAH and serve on the District a request for a payment plan within thirty (30) calendar days of the service of the final order.

2833.4

The District may file with OAH a response to a request for a payment plan within five calendar days of the service of the request.

2834.1

Before or after an Administrative Law Judge has issued a final order finding a Respondent liable for a violation of the Litter Control Administration Act, the District may file and serve a motion to require the Respondent to pay abatement costs. The District shall file and serve the motion, with an itemization of costs, not later than one-hundred and twenty (120) calendar days after service of a final order. A Respondent shall have fourteen (14) calendar days from the date of being served with the motion to file and serve a response on the District.

2834.2

A Respondent may request a hearing on the District’s motion. The request shall be in writing and shall be filed within thirty (30) calendar days after the District serves its motion.

2834.3

If a Respondent timely requests a hearing on the District’s motion, the presiding Administrative Law Judge shall hold a hearing on the issue of abatement costs. At the hearing on abatement costs, the Administrative Law Judge shall not consider any arguments or evidence relating to Respondent’s previously established liability for the violation. A Respondent’s liability has been previously established if:

(a) An Administrative Law Judge has held a separate hearing on the violation and found the Respondent liable for the violation;

(b) The Respondent has admitted liability; or (c) An Administrative Law Judge has found the Respondent in default.

2834.4

If liability has not been previously established, the Administrative Law Judge may consolidate the liability and abatement cost hearings in their sole discretion.

2834.5

If a Respondent does not file a timely request for a hearing on the District’s motion, the Administrative Law Judge may:

(a) Decide, based on the papers filed, whether the District is entitled to recover abatement costs and their amount; or

(b) Before deciding the issue, order the District and the Respondent to appear for a hearing on the issue.

2835.1

If a hearing has commenced or is completed and the assigned Administrative Law Judge is unable to proceed, another Administrative Law Judge may proceed in the case. The successor Administrative Law Judge shall certify that he or she is familiar with the record.

2835.2

If a recording of the hearing is unavailable, the successor Administrative Law Judge shall, if requested by any party, recall a witness whose testimony is material and disputed.

2835.3

The successor Administrative Law Judge may serve the parties with a proposed final order and allow the parties to file exceptions and present argument before issuing a final order.

2836.1

Whether or not a party has moved for recusal, an Administrative Law Judge who has a personal bias or prejudice in favor of or against any party in an assigned case, or who has another good reason to recuse himself or herself from the case, shall proceed no further in the case, and the case shall be reassigned to another Administrative Law Judge. An Administrative Law Judge may recuse himself or herself from a case only if there is good reason to do so.

2836.2

Administrative Law Judges at all times shall comply with the OAH Code of Judicial Ethics, which shall be available to the public.

2836.3

A party to a case may file a motion to disqualify the presiding Administrative Law Judge for reasons that include, but are not limited to:

(a) The Administrative Law Judge has a personal bias or prejudice concerning a party or a party's lawyer or other representative involved in the proceeding;

(b) The Administrative Law Judge served as lawyer or representative in the matter in controversy, or a lawyer with whom the Administrative Law Judge practiced law served during such association as a lawyer concerning the matter, or the Administrative Law Judge or such lawyer has been a material witness concerning it;

(c) The Administrative Law Judge has served in other governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;

(d) The Administrative Law Judge, individually or as a fiduciary, or the Administrative Law Judge's spouse or minor child residing in the Administrative Law Judge's household, has a more than trivial financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; or

(e) The Administrative Law Judge or the Administrative Law Judge’s spouse or a person within the third degree of relationship to either of them or the spouse of such person:

(1) Is a party to the proceeding, or an officer, director, or trustee of a party;

(2) Is acting as a lawyer or representative in the proceeding;

(3) Is known by the Administrative Law Judge to have an interest that could be substantially affected by the outcome of the proceeding; or

(4) Is to the Administrative Law Judge’s knowledge likely to be a material witness in the proceeding.

2836.4

A motion to disqualify the presiding Administrative Law Judge shall:

(a) Allege the specific facts and reasons upon which the movant relies as the grounds for disqualification. The moving party shall include all grounds for disqualification that are known at the time the motion is filed;

(b) Identify the precise date when the facts constituting the grounds for the motion were discovered by the party or the party’s counsel;

(c) Be filed within a reasonable time not to exceed fourteen (14) calendar days after discovery by the party or party’s counsel of the facts constituting the grounds for the motion. If a party discovers the grounds for disqualification within fourteen (14) calendar days of a scheduled hearing, the motion shall be filed as soon as practicable; and

(d) Be sworn by the movant or include a legally sufficient affidavit stating the specific facts and evidence supporting the grounds for disqualification.

2836.5

For the purposes of this Rule, the following grounds are not legally sufficient to support a motion to disqualify:

(a) Generalized, speculative, conclusory or unsubstantiated assertions of the grounds set forth in § 2836.3;

(b) Complaints of bias or prejudice based on adverse rulings by the Administrative Law Judge or statements and opinions made while ruling on matters before the court;

(c) Complaints of bias or prejudice that would not lead an objectively reasonable observer to conclude that recusal was required; or

(d) Actions taken or statements made by an Administrative Law Judge while disciplining a party or counsel or taking corrective action in order to maintain control and decorum in the courtroom or hearing, unless such statements or actions rise to a level of hostility or unprofessionalism that an objective, reasonable person would acknowledge represents more than mere discipline.

2836.6

The challenged judge shall rule on the motion to disqualify by examining the legal sufficiency of the motion. The challenged judge shall not weigh the evidence or dispute the factual allegations. If the motion is deemed legally sufficient and is granted, the case shall be reassigned to a different Administrative Law Judge. If the motion is denied, judicial review may be sought in accordance with applicable law.

2837.1

Any non-party having an interest in the issues in a case pending before OAH may move for leave to file an amicus curiae submission or to make an amicus curiae appearance, or an Administrative Law Judge may invite such a submission or appearance. The motion shall explain why the amicus curiae submission or appearance would be helpful to OAH.

2838.1

The Chief Administrative Law Judge or his or her designee may administer an oath of office to an Administrative Law Judge or other OAH employee.

For the purposes of this chapter the term:

Agency shall have the same meaning as the term is defined in D.C. Official Code § 2-502(3).

Civil Infractions Act means the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code §§ 2-1801.01 - .05.

Clerk means the OAH Clerk of Court or authorized designee.

Commercial carrier means a business that accepts and delivers parcels, such as Federal Express or the United Parcel Service.

District of Columbia or District means the District of Columbia, or any government agency authorized by law to prosecute cases before OAH and whose administrative litigation falls under the jurisdiction of OAH, but does not include OAH.

Exhibit means a document, photograph, an audio or video recording, an electronic item, or any non-documentary or physical evidence filed with a paper, or offered into evidence at a proceeding.

In-person proceeding means a proceeding that is held in an OAH courtroom with all participants physically present in the same location.

Litter Control Administration Act means the Litter Control Administration Act of 1985, D.C. Official Code §§ 8-801 – 812.

Motion means a request for an Administrative Law Judge to take some action.

OAH Establishment Act means the Office of Administrative Hearings Establishment Act of 2001, D.C. Official Code §§ 2-1831.01 - .19.

Paper means any pleading, motion, exhibit, witness list, or any other written submission filed with OAH.

Party means persons or entities who begin a case at OAH or the persons or entities on the other side.

Presiding Administrative Law Judge means an Administrative Law Judge assigned to a particular case.

Respondent means the person or entity against whom the District seeks payment of a fine for a Notice of Infraction or a Notice of Violation.

Signature means (1) an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record; (2) a scanned version of an original signature that has been copied and pasted into a PDF document; or (3) a person’s name written in ink.

Teleconferencing means the use of a remote digital platform, used through an audio-only option, that sends audio signals over a transmission circuit so that two or more individuals can communicate with each other while in different physical locations.

Videoconferencing means the use of a remote digital platform that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers.