ADMINISTRATIVE DISMISSALS

1219.1 The LA Director shall dismiss a public complaint without prejudice if the complainant submits a written request to withdraw the complaint, or for the following administrative reasons:

(a) The complainant is absent and has failed to contact or cannot be contacted by the Office;

(b) The complainant fails to state a claim of noncompliance; or

(c) After preliminary investigation, the LA Director determines that he or she lacks jurisdiction over the matter pursuant to the Act.

1219.2 An Order dismissing a complaint for administrative reasons shall be in writing and served on the parties stating the reasons for dismissal.

1219.3 A complainant may request that a complaint previously closed for administrative reasons or voluntarily withdrawn be reopened, provided that the complainant submits a written request within thirty (30) days of receipt of the order dismissing the complaint and stating specifically the reasons why the complaint should be reopened.

1219.4 The LA Director, upon receipt of a request to reopen a complaint, may, within his or her discretion, reopen the case for good reasons or in the interest of justice, provided that no determination has previously been made on the merits of the claim.

1219.5 The decision of the LA Director to reopen a complaint shall be served on all parties to the complaint.

SOURCE: Final Rulemaking published at 55 DCR 6348 (June 6, 2008).