2836

A PANEL OF THREE ADMINISTRATIVE LAW JUDGES

2836.1 When the holdings of Administrative Law Judges on an issue of law are in conflict, the Chief Administrative Law Judge may independently or on motion of a party appoint a panel of three Administrative Law Judges to resolve the issues in conflict in a pending case. An Administrative Law Judge shall promptly bring any motion under this Section to the attention of the Chief Administrative Law Judge.

2836.2 Appointment of a panel under this Section shall be reserved for resolving conflicts that, in the opinion of the Chief Administrative Law Judge, involve important legal issues whose consistent interpretation is necessary to the fair enforcement of the law. The panel's order shall be binding precedent in any pending case and all later matters coming before OAH, unless reversed or modified.

2836.3 Any party's motion under this Section is automatically denied if not granted within fifteen (15) calendar days of its filing.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12571 (December 31, 2010).