Code of the District of Columbia

§ 2–1831.01. Definitions.

For the purposes of this chapter, the term:

(1) “Adjudicated case” means a contested case or other administrative adjudicative proceeding before the Mayor or any agency that results in a final disposition by order and in which the legal rights, duties, or privileges of specific parties are required by any law or constitutional provision to be determined after an adjudicative hearing of any type. The term “adjudicated case” includes, without limitation, any required administrative adjudicative proceeding arising from a charge by an agency that a person committed an offense or infraction that is civil in nature.

(2) “Administrative Law Judge,” unless otherwise specified, means an Administrative Law Judge of the Office of Administrative Hearings.

(3) “Administrative Procedure Act” means the District of Columbia Administrative Procedure Act (§ 2-501 et seq.).

(4) “Agency” shall have the meaning provided that term in § 2-502(3).

(5) “COST” means the Commission on Selection and Tenure of Administrative Law Judges of the Office of Administrative Hearings.

(6) “Contested case” shall have the meaning provided that term in § 2-502(8).

(7) “Fiscal year” means the period from October 1 through September 30 of the following year.

(7A) Not Funded.

(8) “Hearing officer” means an individual, other than an agency director, whose permanent duties as an employee of the District of Columbia on the day prior to this chapter becoming applicable to his or her agency consisted in whole or in substantial part of regularly adjudicating administrative matters as required by law. The term “hearing officer” includes, without limitation, any person with a position bearing the title “Hearing Officer,” “Hearing Examiner,” “ “Attorney Examiner,” “Administrative Law Judge,” “Administrative Judge,” or “Adjudication Specialist”. Notwithstanding anything to the contrary in this paragraph, the term “hearing officer” does not include any employee holding an intermittent service, a temporary appointment of less than one year, or a term appointment of less than one year. The Mayor or COST may issue rules in accordance with § 2-1831.11 to adjust the period of employee tenure required to qualify as a hearing officer, except that such rules may not require a period longer than one year prior to this chapter becoming applicable to an employee’s agency.

(9) “Independent agency” shall have the meaning provided that term in § 2-502(5).

(10) “Interlocutory order” means any decision of an Administrative Law Judge in a matter other than an order as defined in this chapter.

(11) “Office” means the Office of Administrative Hearings as established by this chapter, and, unless otherwise stated, includes its Chief Administrative Law Judge and its Administrative Law Judges.

(12) “Order” shall have the meaning provided that term in § 2-502(11).

(13) “Party” shall have the meaning provided that term in § 2-502(10).

(14) “Person” includes individuals, partnerships, corporations, associations, and public or private organizations and entities of any character other than the Mayor, the Council, the courts, or an agency.


(Mar. 6, 2002, D.C. Law 14-76, § 4, 48 DCR 11442; June 9, 2018, D.C. Law 22-112, § 2(a), 65 DCR 4600; Oct. 30, 2018, D.C. Law 22-168, § 1072(a), 65 DCR 9388.)

Section References

This section is referenced in § 2-1801.03, § 4-754.41, § 7-2341.18, § 7-2341.24, § 36-304.01, § 47-877, § 50-307, § 50-309.02, § 50-312, and § 50-329.03.

Applicability

Applicability of D.C. Law 22-112: § 4 of D.C. Law 22-112 provided that the change made to this section by § 2(a) of D.C. Law 22-112 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1072(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1072(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).