5006.1 A railroad carrier may appeal a notice of assessment by timely filing an administrative appeal with, and requesting a hearing before, the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code, § 2-1831.01 et seq.).

5006.2 The appeal to OAH shall be filed in writing within fifteen (15) calendar days after the date of the notice of assessment being appealed.

5006.3 The Department may, for good cause shown, toll or extend the fifteen (15) calendar day period established by § 5006.2; provided, that such tolling or extension must be in writing and issued before the fifteen (15) calendar day period expires.

5006.4 OAH shall:

(a) Resolve a notice of assessment by:

(1) Affirming, modifying, or setting aside the Department's action complained of, in whole or in part;

(2) Remanding for Department action or further proceedings, consistent with OAH's order; or

(3) Providing such other relief as the governing statutes and rules support; and

(b) Render a final decision.

5006.5 The final OAH decision on an administrative appeal shall constitute a final action of the Department and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.

5006.6 Nothing in this chapter shall be interpreted to:

(a) Provide that filing a judicial appeal of a final OAH decision pursuant to § 5006.6 stays enforcement of the OAH final order; or

(b) Prohibit a person from requesting a stay of the enforcement of the OAH final order as may be authorized by law.

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025).