4012 DECISIONS OF HEARING EXAMINERS

4012.1 Hearing examiners shall prepare a draft decision for each case or petition. Each draft decision shall be immediately transmitted to the Rent Administrator for review.

4012.2 Each draft decision shall contain the following:

1. (a) Findings of fact and conclusions of law (including the reasons or basis of those findings) upon each material contested issue of fact and law presented on the record;
2. (b) A proposed order as to the final disposition of the hearing or petition, including appropriate relief and any penalties; and
3. (c) A statement of the parties' right to appeal to the Commission.

4012.3 If the hearing examiner concludes that some contested issues of fact are not material to the proceeding and therefore do not need to be decided, specific findings of fact and conclusions of law to that effect shall be included in the draft decision.

4012.4 Pursuant to the written delegation of authority issued under § 3900.3, if the person who renders the decision and order is not the same person who has heard the evidence, then the procedures of D.C. Official Code § 2-509(d) (2001) shall be followed.

4012.5 Each decision shall become final and effective when rendered pursuant to § 4012.4, except that if a motion for reconsideration is filed, the decision shall not become final until the motion is disposed of in accordance with § 4013.

4012.6 The ten (10) day time limit in which an appeal to the Commission shall be filed, as prescribed in § 216 of the Act and § 3802.2, shall begin to run when the decision becomes final.

SOURCE: Notice of Final Rulemaking published at 33 DCR 2656, 2659-60 (May 2, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 3179 (May 23, 1986).