3327.1 A board may authorize a panel of no less than three (3) members of a board to conduct a hearing in any matter that the board is authorized to conduct a hearing.

3327.2 The panel of the board shall have the powers and duties given to the board by this chapter and the applicable Act listed in § 3300.1, except the power to render a final decision.

3327.3 After hearing the evidence, the panel shall submit a recommended decision to the board. At the same time, the board shall serve the respondent with a copy of the decision in accordance with § 3318 and send a copy of the decision to the Corporation Counsel.

3327.4 A recommended decision of a panel adverse to a respondent shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

(c) A recommended order.

3327.5 A board may accept or reject the recommended decision of the panel in whole or in part.

3327.6 If the decision of a board is adverse to the respondent, and the panel that heard the case did not constitute a majority of the members of a board, the board, prior to issuing a final decision, shall serve the respondent with a copy of a proposed decision and give a respondent an opportunity to file exceptions, and written argument in support thereof, with the board within ten (10) days of the date of service.

3327.7 A board shall consider any exceptions and argument filed by a respondent pursuant to § 3327.7 in issuing a final decision. If the respondent does not file exceptions within the required period, the proposed decision of the board shall become the final decision of a board.

SOURCE: Final Rulemaking published at 35 DCR 3488, 3508 (May 13, 1988).