D.C. Mun. Regs. tit. 1, § 1221
1221.1 Within ninety (90) days after the conclusion of an evidentiary hearing, the Board shall render its final decision in writing, setting forth findings of fact and conclusions of law and giving the reasons for its decision. The findings of fact in the decision shall be based upon the evidence adduced at the hearing along with any other evidence in the record.
1221.2 For appeals decided without an evidentiary hearing, the Board shall render its final decision in writing within ninety (90) days after the deadline for the receipt of the parties' directed responses pursuant to sections 1210 or 1211, if any, or the conclusion of any informal hearing, whichever comes later. The findings of fact in the decision shall be based upon the undisputed evidence in the record.
1221.3 [Reserved]
1221.4 [Reserved]
1221.5 The final decision shall sustain, reverse, or modify the Chief's final action.
1221.6 The final decision shall include an instruction that the appellant or the Chief may pursue judicial review in the manner provided by the Act."
1221.7 The final decision shall be effective ten (10) days after service upon the parties, or on such other date as may be set forth in the decision.
1221.8 Any party may file a motion to stay a final decision pending appeal. A party filing a motion to stay may also move for an administrative stay of the effective date of a final order while the Board considers the motion to stay pending appeal.
1221.9 In determining whether to grant a stay of a final decision, the Board may consider the following factors: whether the party filing the motion is likely to succeed on the merits, whether denial of the stay will cause irreparable injury to the movant, whether and to what degree granting the stay will harm other parties, and whether the public interest favors granting a stay; and, any other factor the Board deems relevant.
SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022).