1202 APPEALS

1202.1 Within the time periods established by the Act, a person may file an appeal with the Board if the Chief of the Metropolitan Police Department (Chief) has:

1. (a) Denied the person's application or renewal application for a license to carry a concealed pistol in the District pursuant to the Act; or
2. (b) Issued a limitation or revocation of a license to carry a concealed pistol pursuant to the Act.

1202.2 An appeal shall be submitted in writing to the Board at the address contained in any notice of final action of the Chief that was issued to the person. The request for appeal shall be filed within fifteen (15) days after the date of the appellant's receipt of the notice of the Chief's final action from which the appeal is being requested. The request for appeal may be filed by hand delivery, electronic mail, or by U.S. Mail or other delivery service, provided that the request for appeal is received by the Board within fifteen (15) days after the date of the appellant's receipt of the notice of the Chief's final action.

1202.3 The appeal need not follow any specific format, although blank forms may be created and made available by the Board. An appeal should contain the following information:

1. (a) A short description of the Chief's final action being appealed;
2. (b) A description of reasons why the Chief's final action was in error and the relief sought from the Board;
3. (c) A copy of the Chief's final action being appealed;
4. (e) The appellant's full name, address, email address, and telephone and fax numbers, as well as the same information for any attorney representing the appellant in the appeal; and
5. (f) All written materials that the appellant wishes the Board to consider at any hearing.

1202.4 Not later than ten (10) days after receipt of the appeal, the Chairperson of the Board shall:

1. (a) Assign a three (3) member panel (Panel) and appoint a presiding member (Presiding Member) to review the appeal or assign the appeal to the full Board;

(b) Send to the Chief a copy of the appeal, a notice of the names of the three (3) member panel and Presiding Member, if applicable, and a notice to provide the Board with information concerning the final action that is the subject of the appeal; and

(c) Send a notice to the appellant of receipt of the appeal, the names of the three (3) member panel, and the Presiding Member, if applicable.

1202.5 Not later than ten (10) days after receipt of any information provided by the Chief pursuant to § 1202.4(b), the Board or Panel shall meet to determine if based upon the information submitted by the appellant and Chief the appeal should be resolved through a summary disposition or by a contested case hearing.

1202.6 If the Board or Panel determines that, based upon the materials submitted by the appellant and the Chief, the matters in dispute appear to be appropriate for summary disposition, the Board or Panel shall follow the procedures in § 1210.

1202.7 If the Board or Panel determines that a contested case hearing is appropriate for the resolution of the appeal, then it shall issue a notice of hearing to the appellant and Chief. The hearing shall be scheduled to take place on a date not less than thirty (30) or more than forty-five (45) days from the date of the notice.

1202.8

(a) Notwithstanding Subsection 1202.2 and Sections 902(g) and 903(c) of the Act (D.C. Official Code §§ 7-2509.02(g) and 7-2509.03(c)) (as authorized by the Coronavirus Support Temporary Amendment Act of 2020, effective October 9, 2020 (D.C. Law 23-130; 67 DCR 12236); and Mayor's Order 2020-079, dated July 22, 2020, and any subsequent emergency, temporary, or permanent legislation or Mayor's Order providing similar authority), the deadline for filing an appeal of the denial of an initial application shall be tolled during the public emergency and public health emergency declared pursuant to Mayor's Orders 2020-45, dated March 11, 2020, and Mayor's Order 2020-46, dated March 11, 2020, and any extensions thereof (collectively, the "emergency"), and during the ninety (90) days after the end of the emergency. The deadline for filing an appeal of the denial of a renewal application or an appeal of a limitation or revocation of a license shall not be tolled during the emergency.

(b) The Board may, as practicable, proceed with appeals during the emergency.

(c) During the emergency:

(1) No documents may be filed or submitted in person at the physical offices of the Board;

(2) Appellants of adverse actions, including the denial of an initial application, the denial of a renewal application, and a limitation or revocation of a license, must submit their filings to the Board via email at cplrb@dc.gov in order for the filings to be eligible for review during the emergency; and

(3) An appeal that is submitted by postal mail during the emergency shall not be considered filed with the Board until the day after the end of the emergency and will not be reviewed by the Board until after the end of the emergency; provided, that the Board may, in its sole discretion, review the filing before the day after the end of the emergency if the Board is in actual receipt of the filing (and such a filing may, in the Board's sole discretion, be considered filed on the date the Board is in actual receipt).

(d) As provided in § 1202.3, each appeal filed with the Board must include the information described in § 1202.3(a)-(f).

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 5402 (May 21, 2021).