635.1 This section shall apply to Initial Decisions for appeals filed pursuant to § 604.1. Initial Decisions issued for appeals filed pursuant to § 604.3 shall be subject to the requirements of § 636.

635.2 The Initial Decision shall become final thirty-five (35) calendar days after issuance.

635.3 The Initial Decision shall not become final if any party files a Petition for Review or if the Board reopens the case on its own motion within thirty-five (35) calendar days after issuance of the Initial Decision.

635.4 If the Board denies all Petitions for Review, the Initial Decision shall become final upon issuance of the last denial.

635.5 If the Board grants a Petition for Review or reopens a case, the subsequent decision of the Board shall be the final decision.

635.6 Administrative remedies shall be considered exhausted when a decision becomes final in accordance with this section.

SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2149 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022).