1211 STAYS OF APPEALS

1211.1 (a) At any point in an appeal, if the Board determines that it is necessary or appropriate for resolution of the appeal, the Board may stay proceedings and submit any issue to the Chief or the appellant for the Chief or appellant's consideration, documentation, or explanation, or hold an informal hearing at which the parties may appear and present oral argument on the issues identified by the Board.

(b) If the Board issues an order to stay the proceedings based upon a determination described in § 1202.7 made at the initial hearing referred to in § 1202.5, the stay order shall advise appellant and the Chief of the names of the members of the Panel, identify the Presiding Member, and provide as an attachment the Chief's information, if applicable.

1211.2 The Chief or appellant ("responding party") shall have fifteen (15) days after receipt of any submission by the Board pursuant to § 1211.1 to file a response with the Board and serve a copy on the opposing party.

1211.3 Within fifteen (15) days after receipt of a response served by the responding party pursuant to § 1210.6 the opposing party shall file a reply with the Board and serve a copy on the responding party.

1211.4 After review of the filings by the Chief and the appellant the Board shall lift its stay and proceed with consideration of the appeal.

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