D.C. Mun. Regs. tit. 1, § 1202
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:
1202.2 (a) A request for appeal shall be submitted in writing to the Board within fifteen (15) days after the date on which the Chief served the notice of the final action from which the appeal is being requested.
(b) A request for appeal may be filed by electronic mail to cplrb@dc.gov, or by hand delivery, U.S. Mail, or other delivery service to the address contained in the Chief's final action from which the appeal is being requested, provided that the request for appeal must be actually received by the Board within the fifteen (15) day time period in order to be considered timely filed.
(c) Appellants are required to email appeal requests to cplrb@dc.gov during public emergencies and are strongly encouraged at all times to email such requests, even in the absence of a public emergency, to expedite processing of their appeals.
1202.3 The request for appeal need not follow any specific format, although blank forms may be created and made available by the Board. A completed appeal request, which should be emailed as a single .PDF document, must contain the following information:
the appeal; and,
(f) All written materials that the appellant wishes the Board to consider at any hearing.
1202.4 (a) Not later than fifteen (15) days after receiving a completed appeal request, the Board shall assign an appropriate number to the appeal request and shall forward the appeal request to the Chief with a notice requesting that the Chief provide to the Board the Chief's information concerning the final action that is the subject of the appeal ('Chief's information').
(b) The Chief's information shall be provided to the Board within fifteen (15) days after service of the Board's notice, and shall include an individualized assessment detailing the basis of, the reasons for, and the evidence supporting the Chief's adverse action, for example, detailing the appellant's criminal history records and their nexus to a determination of propensity for violence or instability, as applicable.
1202.4a After the Chief's information is received by the Board, the Chairperson of the Board shall:
(a) Determine whether the appeal should be dismissed without a hearing pursuant to section 1227; or,
(b) Assign a panel consisting of three (3) members of the Board ('Panel') to review the appeal and appoint from those three (3) members a presiding member ('Presiding Member') of the Panel or assign the appeal the full Board. Any decision by the Panel established by this subsection shall have the same force and effect as a decision of the full Board.
1202.5 Not later than thirty (30) days after receipt of the Chief's information, the Board shall meet for an initial hearing to determine the appropriate resolution, or method of resolution of the appeal.
1202.6 If the Board determines that, based upon the materials submitted by the appellant and the Chief, the matters in dispute are appropriate for summary disposition, the Board shall issue a notice of summary disposition and follow the procedures in § 1210.
1202.7 If the Board determines that, based upon the materials submitted by the appellant and the Chief, an evidentiary hearing is appropriate for the resolution of the appeal, then it shall issue a notice of hearing to the appellant and the Chief as set forth in § 1203. The hearing shall be scheduled to take place on a date not less than thirty (30) or more than ninety (90) days from the date of the notice or on
such date the parties mutually shall agree with the consent of the Board.
1202.7a If the Board determines that, based upon the materials submitted by the appellant and the Chief, a stay order is appropriate, then the Board shall follow the procedures in § 1221.
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); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022).