Jurisdiction of the Office and agency authority to review cases.
As of the day that begins the first pay period after 180 days following Council confirmation of the individual who will serve as the first Chief Administrative Law Judge of the Office, this chapter shall apply to adjudicated cases under the jurisdiction of the following agencies: Department of Health; Department of Human Services; Board of Appeals and Review; Repealed; All adjudicated cases in which a hearing is required to be held pursuant to § 7-2108(a) and (b), including licensing and enforcement matters arising under rules issued by the Child and Family Services Agency; All adjudicated cases required to be heard pursuant to §§ 8-802 and 8-902; Repealed; Department of Banking and Financial Institutions; and Repealed; All adjudications involving infractions of subchapter II-A of Chapter 10 of Title 6 [§§ 6-1041.01 through 6-1041.09] and the rules promulgated under its authority. Repealed. In addition to those agencies listed in subsection (a) of this section, as of October 1, 2004, this chapter shall apply to adjudicated cases under the jurisdiction of the following agencies: Department of Employment Services, other than the private workers’ compensation function; Department of Consumer and Regulatory Affairs, except for those cases under the jurisdiction of the Rent Administrator and those cases under the jurisdiction of the Real Property Tax Appeals Commission for the District of Columbia; Taxicab Commission; All adjudicated cases of the Office of Tax and Revenue arising from tax protests filed pursuant to § 47-4312; and All adjudicated enforcement cases brought by the Historic Preservation Office within the Office of Planning. In addition to those agencies listed in subsections (a) and (b) of this section, as of October 1, 2006, this chapter shall apply to adjudicated cases under the jurisdiction of the Rent Administrator in the Department of Consumer Regulatory Affairs. In preparation for the transfer of jurisdiction of the Rent Administrator’s adjudicatory function to the Office, the Rent Administrator of the Department of Consumer and Regulatory Affairs shall submit a plan to the Mayor and Council by December 31, 2004 describing how the Rent Administrator’s office will function after its adjudicatory responsibilities are transferred to the Office, the legislative changes needed to prepare the Rent Administrator for its new role, and the resources needed to maintain its non-adjudicatory functions. The plan shall be developed in consultation with the Office. In addition to those adjudicated cases listed in subsections (a), (b), and (b-1) of this section, as of January 1, 2009, this chapter shall apply to all adjudicated cases involving: The imposition of a civil fine for violation of firearm registrant requirements pursuant to § 7-2502.09(b) [(b) repealed]; The denial or revocation of a firearm registration certificate pursuant to § 7-2502.10; The denial or revocation of a dealer license pursuant to § 7-2504.06; and The imposition of a civil fine for violations of Chapter 10 of Title 7 [§ 7-1001 et seq.], pursuant to § 7-1007. In addition to those cases described in subsections (a), (b), (b-1), and (b-2) of this section, as of May 5, 2010, this chapter shall apply to adjudicated cases required to be heard pursuant to § 42-3141.06. In addition to those adjudicated cases listed in subsections (a), (b), (b-1), (b-2), and (b-3) of this section, this chapter shall apply to all adjudicated cases involving the impoundment of a vehicle pursuant to § 22-2724(a). This chapter shall apply to appeals pursuant to §§ 47-857.09a and 47-859.04a. In addition to those adjudicated cases listed in subsections (a), (b), (b-1), (b-2), (b-3), (b-4), and (b-5) of this section, this chapter shall apply to all adjudicated cases involving the failure to report known or reasonably believed child sexual abuse pursuant to subchapter II-A of Chapter 30 of Title 22 [§ 22-3020.51 et seq.]. In addition to those adjudicated cases listed in subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5), and (b-6) of this section, this chapter shall apply to all adjudications involving the imposition of a civil fine for violations of § 48-1201. In addition to those adjudicated cases listed in subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5), (b-6), and (b-7) of this section, this chapter shall apply to appeals pursuant to § 2-218.63(g). In addition to those cases described in subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5), (b-6), and (b-7) [and (b-8)], this chapter shall apply to adjudicated cases under the jurisdiction of the District Department of Transportation. In addition to those cases described in subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5), (b-6), (b-7), and (b-8) [and (b-9)], this chapter shall apply to adjudicated cases involving a civil fine or penalty imposed by the Higher Education Licensure Commission under § 38-1312(a-1). Those agencies, boards, and commissions that are not included in subsections (a), (b), (b-1), (b-2), or (b-3) of this section may: Refer individual cases to the Office, with the approval of the Chief Administrative Law Judge; or Elect to be covered by this chapter, subject to the approval of the Chief Administrative Law Judge and the Mayor, and upon such terms as the Mayor may set. Repealed. Nothing in this chapter shall be construed to grant a right to a hearing not created independently by a constitutional provision or a provision of law other than this chapter, except with regard to the discipline or removal of an Administrative Law Judge or the Chief Administrative Law Judge. Except as provided in subsection (h) of this section, no agency of the District of Columbia to which this chapter applies shall adjudicate adjudicated cases under the jurisdiction of the Office of Administrative Hearings or employ hearing officers, either full- or part-time, for the purpose of adjudicating cases under the jurisdiction of the Office. Any case initiated by, or arising from a decision or action of, an agency or a portion of an agency in receivership shall not be heard by the Office unless the receiver has entered a binding agreement that any order issued by the Office in the matter would have the same force, effect, and finality as it would if the receivership did not exist. Nothing in this chapter shall be construed to limit the authority of an agency covered in subsections (a), (b), (b-1), (b-2), or (b-3) of this section, if the authority exists pursuant to other provisions of the law, to have an agency head or one or more members of the governing board, commission, or body of the agency adjudicate cases falling within its jurisdiction in lieu of the Office. This authority may not be delegated in whole or in part to any subordinate employees of the agency. A board or commission with authority to issue professional or occupational licenses may delegate to the Office its authority to conduct a hearing and issue an order on the proposed denial, suspension, or revocation of a license or on any proposed disciplinary action against a licensee or applicant for a license. The Office’s order shall be appealable to the board or commission pursuant to § 2-1831.16(b). A case that was delegated by a board or commission to an administrative law judge or hearing examiner employed by an agency subject to this chapter shall be deemed to have been delegated to the Office pursuant to this section as of the date that the agency’s adjudicated cases became subject to this chapter. A person who has filed a protest of a proposed assessment under § 47-4312 and requested a hearing with the Office shall be deemed to have elected adjudication by the Office as the exclusive means of adjudication of all challenges to the proposed assessment, and to have waived any right to adjudication of a challenge to the proposed assessment in any other forum. Nothing in this subsection limits the right of any person to judicial review of an order of the Office pursuant to § 2-1831.16. Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015. Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act. Section 4(c) of D.C. Law 20-108 was repealed by D.C. Law 20-155, § 7005. Section 4(c) of D.C. Law 20-108 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 4(b) of D.C. Law 20-108(b) provided that, except as provided in § 2-218.46(f), contracts existing or pending as of June 10, 2014, shall not be affected by the provisions of the act. Section 5(a) of D.C. Law 17-216 provided that sections 2, 3, and 4(b) and (c) shall apply to real property tax years beginning after September 30, 2006. Section 4 of D.C. Law 16-189 provided that the implementation of the provisions of the act is subject to appropriations and nothing in this act shall be construed to create an entitlement.
Annotations
Mar. 6, 2002, D.C. Law 14-76, § 6, 48 DCR 11442 Nov. 13, 2003, D.C. Law 15-39, § 402(b), 50 DCR 5668 Sept. 8, 2004, D.C. Law 15-177, § 2(b), 51 DCR 5709 Dec. 7, 2004, D.C. Law 15-205, § 3502, 51 DCR 8441 Dec. 7, 2004, D.C. Law 15-217, § 3(a), 51 DCR 9126 Apr. 13, 2005, D.C. Law 15-354, §§ 10, 84(c), 86, 52 DCR 2638 Apr. 4, 2006, D.C. Law 16-83, § 2(a), 53 DCR 1059 Mar. 2, 2007, D.C. Law 16-189, § 3, 53 DCR 6786 Mar. 6, 2007, D.C. Law 16-225, § 2, 53 DCR 10232 Mar. 14, 2007, D.C. Law 16-275, § 202, 54 DCR 880 Aug. 15, 2008, D.C. Law 17-216, § 2, 55 DCR 7500 Mar. 25, 2009, D.C. Law 17-353, § 191, 56 DCR 1117 Mar. 31, 2009, D.C. Law 17-372, § 2, 56 DCR 1365 May 22, 2010, D.C. Law 18-146, § 3, 57 DCR 2549 Sept. 18, 2010, D.C. Law 18-219, § 13(a), 57 DCR 4353 Nov. 6, 2010, D.C. Law 18-259,§ 3, 57 DCR 5591 Mar. 31, 2011, D.C. Law 18-352, § 3, 58 DCR 744 Apr. 8, 2011, D.C. Law 18-363, § 3(e), 58 DCR 963 Sept. 26, 2012, D.C. Law 19-171, § 26, 59 DCR 6190 Apr. 20, 2013, D.C. Law 19-268, § 2, 60 DCR 1709 June 8, 2013, D.C. Law 19-315, § 3, 60 DCR 1702 June 10, 2014, D.C. Law 20-108, § 3(b), 61 DCR 3892 July 17, 2014, D.C. Law 20-126, § 401, 61 DCR 3482 Mar. 11, 2015, D.C. Law 20-207, § 3, 61 DCR 12690 Feb. 27, 2016, D.C. Law 21-74, § 5, 63 DCR 252 Short title of subtitle E of title III of Law 15-205: Section 3501 of D.C. Law 15-205 provided that subtitle E of title III of the act may be cited as the Office of Administrative Hearings Amendment Act of 2004. For temporary (90 days) amendment of this section, see § 5 of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016, 63 DCR 1188). For temporary (90 days) amendment of this section, see § 5 of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015, 62 DCR 13715). For temporary (90 day) amendment of section, see § 13(a) of Anti-Graffiti Emergency Act of 2010 (D.C. Act 18-389, May 5, 2010, 57 For temporary (90 day) amendment of section, see § 2, of Rent Administrator Hearing Authority Emergency Amendment Act of 2009 (D.C. Act 18-317, February 22, 2010, 57 DCR 1656). For temporary (90 day) amendment of section, see § 2 of Rent Administration Hearing Authority Emergency Amendment Act of 2009 (D.C. Act 18-53, April 27, 2009, 56 DCR 3596). For temporary (90 day) amendment of section, see §§ 2, 5 of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911). For temporary (90 day) amendment of section, see § 2 of Nuisance Properties Abatement Reform and Real Property Classification Congressional Review Emergency Act of 2008 (D.C. Act 17-436, July 16, 2008, 55 DCR 8272). For temporary (90 day) amendment of section, see § 2 of Rent Administrator Hearing Authority Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-255, January 23, 2008, 55 DCR 1270). For temporary (90 day) amendment of section, see § 2 of Nuisance Properties Abatement Reform and Real Property Classification Emergency Amendment Act of 2007 (D.C. Act 17-173, November 2, 2007, 54 DCR 11204). For temporary (90 day) amendment of section, see § 2 of Rent Administrator Hearing Authority Emergency Amendment Act of 2007 (D.C. Act 17-148, October 17, 2007, 54 DCR 10758). For temporary (90 day) amendment of section, see § 2 of District Department of Transportation DC Circulator Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-3, January 16, 2007, 54 DCR 1439). For temporary (90 day) amendment of section, see § 2 of Nuisance Properties Abatement Reform and Real Property Classification Emergency Amendment Act of 2006 (D.C. Act 16-586, December 28, 2006, 54 DCR 353). For temporary (90 day) amendment of section, see § 2 of Rent Administrator Hearing Authority Emergency Amendment Act of 2006 (D.C. Act 16-532, December 4, 2006, 53 DCR 9841). For temporary (90 day) addition, see § 3 of Targeted Historic Preservation Assistance Congressional Review Emergency Act of 2006 (D.C. Act 16-500, October 23, 2006, 53 DCR 9046). For temporary (90 day) addition, see § 3 of Targeted Historic Preservation Assistance Emergency Amendment Act of 2006 (D.C. Act 16-472, July 31, 2006, 53 DCR 6781). For temporary (90 day) amendment of section, see § 2(a) of Office of Administrative Hearings Rental Housing Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-333, March 23, 2006, 53 DCR 2596). For temporary (90 day) amendment of section, see § 2 of District Department of Transportation DC Circulator Emergency Amendment Act of 2006 (D.C. Act 16-321, March 23, 2006, 53 DCR 2557). For temporary (90 day) amendment of section, see § 2(a) of Second Office of Administrative Hearings Rental Housing Emergency Amendment Act of 2005 (D.C. Act 16-246, December 22, 2005, 53 DCR 274). For temporary (90 day) amendment of section, see § 2(a) of Administrative Hearings Rental Housing Emergency Amendment Act of 2005 (D.C. Act 16-181, October 4, 2005, 52 DCR 9085). For temporary (90 day) amendment of section, see § 3502 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725). For temporary (90 day) amendment of section, see § 2(a) of Office of Administrative Hearings Establishment Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-553, October 26, 2004, 51 DCR 10359). For temporary (90 day) amendment of section, see § 2(a) of Office of Administrative Hearings Establishment Emergency Amendment Act of 2004 (D.C. Act 15-513, August 2, 2004, 51 DCR 8976). For temporary (90 day) amendment of section, see § 3502 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236). For temporary (90 day) amendment of section, see § 2(b) of Office of Administrative Hearings Independence Preservation Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-403, March 18, 2004, 51 DCR 3645). For temporary (90 day) amendment of section, see § 2(b) of Office of Administrative Hearings Independence Preservation Emergency Amendment Act of 2003 (D.C. Act 15-275, December 18, 2003, 51 DCR 45). For temporary (90 day) amendment of section, see § 402(b) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360). For temporary (90 day) amendment of section, see § 402(b) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613). For temporary (225 days) amendment of this section, see § 5 of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (D.C. Law 21-51, Jan. 9, 2016, 62 DCR 13983). Section 4(b) of D.C. Law 18-347 provided that the act shall expire after 225 days of its having taken effect. “(B) Notwithstanding subparagraph (A) of this paragraph, the Rent Administrator, or any employee or other person to whom authority has been delegated by the Rent Administrator, may issue a final order in any case in which an evidentiary hearing was conducted before October 1, 2006, but in which no final order was issued before that date, and in any case remanded by the Rental Housing Commission that does not require a new hearing to be conducted. The Rent Administrator, or a delegee, may also rule upon any post-hearing motion, including a motion for reconsideration.”. Section 2 of D.C. Law 18-347, in subsec. (b-1)(1), designated the existing language as subpar. (A), and added subpar. (B) to read as follows: Section 4(b) of D.C. Law 18-151 provided that the act shall expire after 225 days of its having taken effect. “(B) Notwithstanding subparagraph (A) of this paragraph, the Rent Administrator, or any employee or other person to whom authority has been delegated by the Rent Administrator, may issue a final order in any case in which an evidentiary hearing was conducted before October 1, 2006, but in which no final order was issued before that date, and in any case remanded by the Rental Housing Commission that does not require a new hearing to be conducted. The Rent Administrator; or a delegee, may also rule upon any post-hearing motion, including a motion for reconsideration.” Section 2 of D.C. Law 18-151, in subsec. (b-1)(1), designated the existing text as subpar. (A) and added subpar. (B) to read as follows: Section 5(b) of D.C. Law 18-31 provided that the act shall expire after 225 days of its having taken effect. “(B) Notwithstanding subparagraph (A) of this paragraph, the Rent Administrator, or any employee or other person to whom authority has been delegated by the Rent Administrator, may issue a final order in any case in which an evidentiary hearing was conducted before October 1, 2006, but in which no final order was issued before that date, and in any case remanded by the Rental Housing Commission that does not require a new hearing to be conducted. The Rent Administrator, or a delegee, may also rule upon any post-hearing motion, including a motion for reconsideration.” Section 2 of D.C. Law 18-31 designated the existing language of subsec. (b-1)(1) as (b-1)(1)(A), and added subsec. (b-1)(1)(B) to read as follows: Section 7(b) of D.C. Law 17-102 provided that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 17-102, in subsec. (b)(2), substituted “Rent Administrator and those cases under the jurisdiction of the Board of Real Property Assessment and Appeals” for “Rent Administrator”. Section 4(b) of D.C. Law 17-98 provided that the act shall expire after 225 days of its having taken effect. “(B) Notwithstanding subparagraph (A) of this paragraph, the Rent Administrator, or any employee or other person to whom authority has been delegated by the Rent Administrator, may issue a final order in any case in which an evidentiary hearing was conducted before October 1, 2006, but in which no final order was issued before that date, and may rule upon any post-hearing motion, including a motion for reconsideration.” Section 2 of D.C. Law 17-98, in subsec. (b-1)(1), designated the existing language as subpar. (A), and added a new subpar. (B) to read as follows: Section 7(b) of D.C. Law 16-259 provided that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 16-259, in subsec. (b)(2), substituted “Rent Administrator and those cases under the jurisdiction of the Board or Real Property Assessment and Appeals” for “Rent Administrator”. Section 4(b) of D.C. Law 16-249 provided that the act shall expire after 225 days of its having taken effect. “(3) Notwithstanding paragraphs (1) and (2) of this subsection or any other provision of law, the Rent Administrator, or any employee or other person to whom authority has been lawfully delegated by the Rent Administrator, may issue a final order in any case in which an evidentiary hearing was conducted before October 1, 2006, but in which no final order was issued before that date, and may rule upon any post-hearing motion including a motion for reconsideration.” Section 2 of D.C. Law 16-249 added par. (3) to subsec. (b-1) to read as follows: Section 6(b) of D.C. Law 16-134 provided that the act shall expire after 225 days of its having taken effect. “(9) All adjudications involving infractions of rules established pursuant to sections 9c, 9d, 9e, and 9f of the Department of Transportation Establishment Act of 2002, effective March 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.01 et seq.), and Chapter 15 of Title 18 of the District of Columbia Municipal Regulations.” Section 2 of D.C. Law 16-134, in subsec. (a)(7), substituted “;” for “; and”; in subsec. (a)(8), substituted “; and” for a period; and added subsec. (a)(9), which read as follows: For temporary (225 day) amendment of section, see § 2(b) of the Office of Administrative Hearings Independence Preservation Temporary Amendment Act of 2004 (D.C. Law 15-115, Mar. 30, 2004, law notification 51 DCR 3802). This section is referenced in § 2-1831.16, § 22-3020.54, § 42-3502.04, and § 47-4312.
Sourced from the DC Council Open Law Library (public domain).
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