1210 SUMMARY DISPOSITION

1210.1 The Board may resolve an appeal through a summary disposition when the Board determines that the resolution of the appeal does not include a dispute concerning a material fact.

1210.2 If the Board determines that an appeal may be appropriate for summary disposition, the Board shall send a notice to the applicant that:

(a) Provides the names of the panel members and identifies the presiding member of the Panel;

(1) Includes as an attachment a copy of the Chief's information, if applicable; and

(b) Advises the appellant that he or she has fifteen (15) days from service of the notice to submit any written response to the Board, and serve a copy on the Chief, concerning:

(1) The existence of any material facts in dispute that would require an evidentiary hearing; and why each such fact is material to the dispute; and/or

(2) If there are no material facts in dispute, why the Chief's action is not rationally supportable and could not have been arrived at reasonably.

1210.2 [REPEALED].

1210.2a Within fifteen (15) days after receipt of appellant's written response, the Chief shall file with the Board, and serve a copy on the appellant, a written reply on the issue of the presence of a dispute of material fact, and any rebuttal argument concerning the Chief's exercise of discretion.

1210.3 After receipt of the Chief's reply, if any, the Board may in its discretion conduct an informal hearing at which the parties may appear and present oral argument on issues identified by the Board.

1210.4 After receipt of the Chief's reply and the conclusion of any informal hearing, if any, the Board shall meet and determine whether or not there is a dispute of material fact and, if they so find, issue a notice of an evidentiary hearing. If the Board determines there is not a dispute of material fact, then the Board shall issue a final decision to sustain the action of the Chief, reverse the action of the Chief, or modify the decision of the Chief, and also include in the decision the basis for

its decision to proceed by summary disposition.

1210.5 [Reserved]

1210.6 Any final decision issued under this section shall apply the applicable burden of proof under Section 1218 and shall comply with the provisions governing final decisions under Section 1221.

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 010756 (October 15, 2021); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022).