2818.1 The party initiating the case may move to dismiss the case at any time, and the Administrative Law Judge may grant the motion without waiting for a response from the opposing side.

2818.2 An opposing party who objects to the voluntary dismissal of a case may file a motion for reconsideration as provided in § 2830.

2818.3 The parties may file a joint motion for dismissal of a case with or without prejudice.

2818.4 Dismissal under this Section shall be without prejudice unless an Administrative Law Judge orders otherwise. A dismissal with prejudice may occur:

(a) If the party requesting dismissal has previously dismissed the claim;

(b) If the motion for dismissal is made pursuant to a settlement that does not specifically require dismissal without prejudice; or

(c) In order to prevent harm to the other side.

2818.5 For any pending case, the agency issuing the Notice of Infraction or Notice of Violation shall file a Notice of Voluntary Dismissal with OAH within five (5) business days of any of the following occurring:

(a) Payment of all fines cited in the subject Notice, and any applicable penalties, pursuant to an Admit plea submitted under § 2814.4;

(b) Any payment accepted in full satisfaction of all outstanding fines and penalties pursuant to settlement of the case; or

(c) Execution of a settlement agreement involving a waiver of outstanding fines and penalties.

2818.6 A Notice of Voluntary Dismissal filed pursuant to § 2818.5 shall reference one of the grounds above, if applicable.

2818.7 If a default order or Final Order is inadvertently entered by OAH due to an agency's failure to timely file a Notice of Voluntary Dismissal in accordance with this Rule, the agency shall file a Motion to Vacate in accordance with § 2830.11 within five (5) business days of service of the Final Order.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking Mayor and Executive Agencies

published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024).