1. (a) The Office of Administrative Hearings shall hear appeals from:

   1. (1) A denial of an application or renewal application for a license to carry a concealed pistol in the District pursuant to this unit;
   2. (2) A summary suspension or limitation of a license to carry a concealed pistol; or
   3. (3) A limitation or revocation of a license to carry a concealed pistol.
2. (b) Repealed.
3. (c) Repealed.

4. (d)

   1. (1) Notwithstanding any other provision of law, the procedures for appeals under this section shall be governed by 1 DCMR § 1200 et seq. until such time as the Chief Administrative Law Judge may repeal them or re-establish procedures by rule pursuant to § 2-1831.05.
   2. (2) The burden of production of evidence and the burden of persuasion for an appeal brought under this section shall be upon the Chief of the Metropolitan Police Department or the Chief's designated agent. This provision controls over, and may not be altered by, any rule of procedure or regulation promulgated by either the Office of Administrative Hearings or the Metropolitan Police Department.
5. (e) Hearings conducted pursuant to this section shall be confidential and not open to the public.
6. (f) Repealed.

History

Sept. 24, 1976, D.C. Law 1-85, § 908

as added June 16, 2015, D.C. Law 20-279, § 2(f), 62 DCR 1944

Dec. 3, 2020, D.C. Law 23-149, § 3052

Nov. 13, 2021, D.C. Law 24-45, § 3023

July 26, 2024, D.C. Law 25-199, § 3(e)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Concealed Pistol Licensing Review Board Membership Emergency Amendment Act of 2020 (D.C. Act 23-359, Aug. 5, 2020, 67 DCR 9666).

For temporary (90 days) amendment of this section, see § 3023 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 3(d) of Office of Administrative Hearings Jurisdiction Emergency Amendment Act of 2023 (D.C. Act 25-138, June 27, 2023, 70 DCR 9069).

For temporary (90 days) amendment of this section, see § 3(d) of Office of Administrative Hearings Jurisdiction Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-231, Oct. 11, 2023, 70 DCR 13773).

For temporary (90 days) amendment of this section, see § 2(b) of Office of Administrative Hearings Jurisdiction Clarification Emergency Amendment Act of 2023 (D.C. Act 25-237, Oct. 11, 2023, 70 DCR 13794).

For temporary (90 days) amendment of this section, see § 2(b) of Office of Administrative Hearings Jurisdiction Clarification Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-350, Jan. 4, 2024, 71 DCR 669).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Concealed Pistol Licensing Review Board Membership Temporary Amendment Act of 2020 (D.C. Law 23-142, Oct. 20, 2020, 67 DCR 9910).

For temporary (225 days) amendment of this section, see § 3(d) of Office of Administrative Hearings Jurisdiction Temporary Amendment Act of 2023 (D.C. Law 25-63, Oct. 5, 2023, 70 DCR 9691).

For temporary (225 days) amendment of this section, see § 2(b) of Office of Administrative Hearings Jurisdiction Clarification Temporary Amendment Act of 2023 (D.C. Law 25-97, Dec. 20, 2023, 70 DCR 14510).

Applicability

Section 7 of D.C. Act 25-138 provided that the amendments made to this section by D.C. Act 25-138 shall apply as of October 1, 2023. D.C. Act 25-138 will expire before that date.

Editor's Notes

Section 6 of D.C. Law 25-199 provided that the Mayor shall provide for the orderly transfer of all records of pending and adjudicated appeals of the Concealed Pistol Licensing Review Board to the Office of Administrative Hearings.

Section 7 of D.C. Law 25-199 provided that amends to section by D.C. Law 25-199 act shall apply as of October 1, 2023.