2411 FILING A PETITION FOR REVIEW OF ADVERSE NOTARY COMMISSION DECISION

2411.1 A petition for review shall be sent to the Office of Administrative Hearings (OAH), pursuant to 1 DCMR § 2808, within twenty (20) days after service of the notice to deny or revoke a license.

2411.2 The petition for review may be delivered as follows:

1. (a) By certified letter to the Office of Administrative Hearings, 441 Fourth Street, N.W., Suite 450 North, Washington D.C. 20001;
2. (b) By email, pursuant to the procedures in 1 DCMR § 2841;
3. (c) By fax, to (202) 442-4789.

2411.3 To file any paper at OAH, a person must bring, mail, fax, or have the paper delivered to the Clerk's office during regular business hours from 9:00 a.m. to 5:00 p.m. on a business day. A paper is filed on the day the Clerk's office receives it during business hours, except as provided in Subsections 2411.4 and 2411.5.

2411.4 The filing date of a fax transmission will be determined as follows:

1. (a) The filing date is the date on which the fax is received in the Clerk's office between the hours of 9:00 a.m. and 5:00 p.m. If a paper is received on a date or at a time when the Clerk's office is not open, the paper shall be deemed to have been filed when the Clerk's office is next open.
2. (b) A party filing a paper by fax is responsible for delay, disruption, interruption of electronic signals, and legibility of the paper, and accepts the risk that the paper may not be filed.
3. (c) Any incomplete or illegible fax will not be considered received unless a hard copy of the fax is filed or a complete and legible fax is received within three (3) calendar days of the first transmission. In a response to a motion, the Administrative Law Judge may extend this time.

2411.5 The filing date for an e-mail filing received between 9:00 a.m. and 5:00 p.m. on any OAH business day will be the date it is received in the correct OAH electronic mailbox. The filing date for an e-mail filing received at other times will be the next day that the Clerk's Office is open for business. The date and time recorded in the correct OAH electronic mailbox shall be conclusive proof of when it was received.

2411.6 The petition for review shall be signed by the petitioner and shall follow the guidance for requesting a hearing with the Office of Administrative Hearings pursuant to 1 DCMR § 2808, include the following:

(a) A request for review of the decision of ONCA;

(b) A statement of why the petitioner believes the decision of ONCA was in error;

(c) A copy of the notice denying or revoking the notary commission;

(d) The petitioner's full name, address, telephone numbers, and email address, if available; and

(e) If the petitioner will be represented by legal counsel, the name, address, email address, and telephone number of that legal counsel.

2411.7 OAH shall, after receipt of the petition of review, notify the petitioner concerned of the time and place of a hearing. Hearings shall be governed by OAH Rules of Practice and Procedure, as set forth in 1 DCMR Chapter 28.

SOURCE: § 20.3 of Regulation No. 73-13, approved May 24, 1973, published at 19 DCR 1147, 1148 (June 11, 1973); as published in 25 DCRR § 20.3; as amended by Final Rulemaking published at 63 DCR 9099 (July 1, 2016).