4017 RELIEF FROM JUDGMENT OR ORDER

4017.1 On motion and upon such terms as are just, the Rent Administrator may relieve a party from a final judgment, order, or proceeding for the following reasons:

(a) Mistake, inadvertence, surprise, excusable neglect; newly discovered evidence that by due diligence could not have been discovered in time to move for reconsideration under § 4013;

(b) Fraud, misrepresentation, or other misconduct of an adverse party; or

(c) The decision has been satisfied, released, or discharged, or a prior decision upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the decision have prospective application.

4017.2 The motion filed pursuant to § 4017.1 shall be filed within a reasonable time; provided, that motions filed pursuant to § 4017.1(a) and (b) shall not be filed more than one (1) year after the judgment, order, or proceeding was entered or taken.

4017.3 A motion under § 4017.1 does not affect the finality of a judgment or suspend its operation.

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1372 (March 7, 1986); as amended by Notice of Final Rulemaking published at 45 DCR 684, 687 (February 6, 1998).