3807 REVIEW OF APPEALS

3807.1 The Commission shall reverse final decisions of the Rent Administrator which the Commission finds to be based upon arbitrary action, capricious action, or an abuse of discretion, or which contain conclusions of law not in accordance with the provisions of the Act, or findings of fact unsupported by substantial evidence on the record of the proceedings before the Rent Administrator.

3807.2 Interlocutory appeals shall be reviewed pursuant to the provisions found at § 4011, and the Commission shall assign interlocutory appeals priority and may schedule interlocutory appeals for hearing.

3807.3 The Commission shall rule on the interlocutory appeal as follows:

(a) On the merits of the appeal based upon § 4011.3; or

(b) If the Commission determines that the motion was incorrectly certified, by dismissing the interlocutory appeal without prejudice to the issue being determined in the final decision of the Rent Administrator.

3807.4 Review by the Commission shall be limited to the issues raised in the notice of appeal; provided, that the Commission may correct plain error.

3807.5 The Commission shall not receive new evidence on appeal.

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1341 (March 7, 1986).