D.C. Mun. Regs. tit. 1, § 1200
1200.1 The purpose of this chapter is to implement Section 908 of the Firearms Regulations Control Act of 1975, effective January 6, 2015 (D.C. Act 20-564; 62 DCR 866 (January 23, 2015)), to establish review and hearing procedures for the Concealed Pistol Licensing Review Board (Board) created by the Act.
1200.2 In any conflict within this chapter between general and specific provisions, the specific provisions shall govern.
1200.3 In any conflict between this chapter and any provision of the Act, the Act shall govern.
1200.4 Any reference to “the Board” shall mean the Concealed Pistol Licensing Review Board created by the Act, or any hearing panel authorized to issue summary dispositions, conduct hearings, and render final decisions by the Act.
1200.5 The Board may, for good cause shown, waive any of the provisions of this chapter if, in the judgment of the Board, the waiver will not prejudice the rights of any party and is not otherwise prohibited by law.*
*See attached for Guidance Document on Subsection 1200.5.
(Administrative Disposition of Certain Appeals and Unopposed
Requests for Continuances Without Convening a Panel)
On June 29, 2017 a quorum of the Concealed Pistol Licensing Review Board ('Board') met at an open meeting to discuss, among other matters, the interpretation of 1 DCMR § 1200.5 as it relates to the administrative disposition of certain appeals and unopposed motions for continuances without convening a panel.
Section 1200.5 reads as follows:
The Board may, for good cause shown, waive any of the provisions of this chapter if, in the judgment of the Board, the waiver will not prejudice the rights of any party and is not otherwise prohibited by law.
The Board discussed that it had received requests, from the Chief of the Metropolitan Police Department ('Chief'), to stay appeals of denials of applications for concealed pistol licenses. Subsequently, the Chief granted these same applications. Such appeals remained open at the Board pending a meeting of the assigned Panels to determine dispositions of the cases.
By a unanimous vote of the board members present, the Board decided to interpret 1 DCMR § 1200.5 to allow the Presiding Member of the Panel or Chairperson of the Board to administratively dismiss an appeal where the Chief submits evidence that he or she has granted the application for a concealed pistol license that is the subject of the appeal. In such cases, the Panel assigned to the case need not be convened for a meeting. The absence of a meeting of the Panel will not prejudice the parties as the Chief is granting the license in the case and the appeal therefore is moot.
The Board also discussed that it has received unopposed motions for continuances in appeals. Such motions remained open at the Board pending a meeting of the assigned Panels to determine dispositions of the cases.
By a unanimous vote of the board members present, the Board decided to interpret 1 DCMR § 1200.5 to allow the Presiding Member of the Panel or Chairperson of the Board to administratively grant unopposed motions for continuances. In such cases, the Panel assigned to the case need not be convened for a meeting. The absence of such a meeting of the Panel will not prejudice the parties as the parties previously have agreed to the continuance.
SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Guidance Document published at 64 DCR 9051 (September 15, 2017).