Code of the District of Columbia

§ 2–1831.03. Jurisdiction of the Office and agency authority to review cases.

(a) This chapter shall apply to adjudicated cases under the jurisdiction of the following agencies or arising pursuant to the following provisions of law:

(1) Department of Health;

(2) Department of Human Services;

(3) Board of Appeals and Review;

(4) Repealed;

(5) All adjudicated cases in which a hearing is required to be held pursuant to § 7-2108(a) and (b), including licensing and enforcement matters arising under rules issued by the Child and Family Services Agency;

(6) All adjudicated cases required to be heard pursuant to §§ 8-802 and 8-902;

(7) Repealed;

(8) Repealed.

(9) Repealed;

(10) All adjudications involving infractions of subchapter II-A of Chapter 10 of Title 6 [§§ 6-1041.01 through 6-1041.09] and the rules promulgated under its authority.

(11) Repealed.

(b) This chapter shall apply to adjudicated cases under the jurisdiction of the following agencies or arising pursuant to the following provisions of law:

(1) Department of Employment Services, excluding private workers' compensation cases;

(2) Department of Consumer and Regulatory Affairs, except for those cases under the jurisdiction of the Real Property Tax Appeals Commission for the District of Columbia established in § 47-825.01a;

(3) Department of For-Hire Vehicles;

(4) All adjudicated cases of the Office of Tax and Revenue arising from tax protests filed pursuant to § 47-4312; and

(5) All adjudicated enforcement cases brought by the Historic Preservation Office, as defined in § 6-1102(6A), within the Office of Planning.

(b-1) This chapter shall apply to adjudicated cases arising under the jurisdiction of the Rent Administrator pursuant to § 42-3502.04.

(b-2) This chapter shall apply to all adjudicated cases involving:

(1) Repealed.

(2) The denial or revocation of a firearm registration certificate pursuant to § 7-2502.10;

(3) The denial or revocation of a dealer license pursuant to § 7-2504.06; and

(4) The imposition of a civil fine for violations of Chapter 10 of Title 7 [§ 7-1001 et seq.], pursuant to § 7-1007.

(b-3) This chapter shall apply to adjudicated cases required to be heard pursuant to § 42-3141.06.

(b-4) This chapter shall apply to all adjudicated cases involving the impoundment of a vehicle pursuant to § 22-2724(a).

(b-5) This chapter shall apply to appeals pursuant to §§ 47-857.09a and 47-859.04a.

(b-6) This chapter shall apply to all adjudicated cases involving the failure to report known or reasonably believed child sexual abuse pursuant to subchapter II-A of Chapter 30 of Title 22 [§ 22-3020.51 et seq.].

(b-7) This chapter shall apply to all adjudications involving the imposition of a civil fine for violations of § 48-1201.

(b-8) This chapter shall apply to appeals pursuant to § 2-218.63(g).

(b-9) This chapter shall apply to adjudicated cases under the jurisdiction of the District Department of Transportation.

(b-10) This chapter shall apply to adjudicated cases involving a civil fine or penalty imposed by the Higher Education Licensure Commission pursuant to § 38-1312(a-1).

(b-11) This chapter shall apply to all adjudicated cases involving the reimbursement of emergency housing and relocation assistance arising pursuant to §§ 42-3531.09 through 42-3531.16.

(b-12) This chapter shall apply to all adjudicated cases that arise under subchapter IV of Chapter 5 of Title 32.

(b-13) This chapter shall apply to all adjudicated cases involving the modification, suspension, revocation, or denial of a permit issued pursuant to§ 8-1731.07, and all adjudicated cases involving the denial, revocation, or suspension of an authorization pursuant to § 8-2231.03.

(b-14) In addition to those cases described in subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5), (b-6), (b-7), (b-8), (b-9), (b-10), (b-11), (b-12), and (b-13) of this section, this chapter shall apply to all adjudicated cases relating to § 38-825.01a(b) and (6)(B)(i), and § 7-2051(e).

(b-15) This chapter shall apply to all adjudicated cases involving a formal complaint filed pursuant to § 7-761.13.

(b-16) This chapter shall apply to the following categories of adjudicated cases under the jurisdiction of the Department of Behavioral Health:

(1) The denial, suspension, conversion, or termination of a license or certification of a mental health rehabilitation services provider, substance abuse provider, or mental health community residence facility pursuant to 22-A DCMR § 3426, 22-A DCMR § 6305, or 22-B DCMR §§ 3106-3113;

(2) The imposition of a civil fine on a mental health community residence facility or mental health and substance abuse provider pursuant to Chapter 35 of Title 16 of the District of Columbia Municipal Regulations;

(3) The reduction, suspension, or termination of a supported housing subsidy pursuant to 22-A DCMR § 2218;

(4) The involuntary discharge, transfer, or relocation of a resident from a mental health community residence facility pursuant to § 44-1003.03;

(5) A non-Medicaid recoupment action against a mental health and substance abuse provider; and

(6) All adjudicated cases arising pursuant to § 7-1231.12(b)(4) granting a fair hearing to any party who is dissatisfied with the outcome of the external review of his or her grievance.".

(b-17) This chapter shall apply to adjudicated cases arising pursuant to the following provisions of Chapter 19 of Title 42:

(1) The rejection of condominium registration applications and public offering statements pursuant to § 42-1904.06(c);

(2) Temporary cease and desist orders from unlawful practices pursuant to § 42-1904.14;

(3) The revocation of condominium registration pursuant to § 42-1904.15; and

(4) Structural defect warranty claims pursuant to § 42-1903.16.

(b-18) This chapter shall apply to all adjudicated cases arising pursuant to the following provisions of Chapter 34 of Title 42:

(1) Any petitions for declaratory relief after a showing of reasonable grounds for a hearing pursuant to § 42-3405.03a;

(2) The rejection of applications pursuant to § 42-3405.04;

(3) Temporary cease and desist orders from unlawful practices pursuant to § 42-3405.06; and

(4) The revocation of a certificate or registration pursuant to § 42-3405.07.

(b-19) This chapter shall apply to all adjudicated cases involving the enforcement of administrative civil penalties brought by the Department of Energy and Environment ("DOEE") pursuant to Chapter 18 of this title, or other law, and to appeals of orders issued by DOEE.

(b-20) This chapter shall apply to all adjudicated cases involving the denial or revocation by the Mayor, or the Mayor's designee, of a notary commission pursuant to 17 DCMR § 2410.

(b-21) This chapter shall apply to adjudicated cases arising pursuant to Chapter 4 of Title 4 and subchapter II of Chapter 20 of Title 7, involving:

(1) Child care eligibility determinations;

(2) The licensing and regulatory oversight of child care facilities, including the denial, refusal to renew, restriction, suspension, or revocation of a license; and

(3) Enforcement actions subject to civil infractions.

(b-22) This chapter shall apply to adjudicated cases involving:

(1) The contested residency status for a student attending District of Columbia Public Schools or District of Columbia public charter schools pursuant to Chapter 3 of Title 38;

(2) Invoice disputes over special education providers pursuant to 5-A DCMR § 2901; and

(3) The denial of a grant application, the termination of a grant, or other adverse enforcement action taken against a grantee related to a grant (including withholding of payment, suspension of funds, or disallowance of funds) administered by the Office of the State Superintendent of Education pursuant to § 38-2602(b)(18) and (29).

(b-23) This chapter shall apply to all adjudicated cases:

(1) Involving the attachment and levy of personal injury and workers' compensation settlement funds from insurers participating in the Child Support Lien Network when the assets are owned by a child support obligor who owes overdue child support pursuant to § 46-224;

(2) Occurring before any proposed denial, refusal to renew, or suspension of a driver's license and a car registration of a child support obligor by the Mayor, or the Mayor's designee, for the failure to comply with a subpoena or warrant relating to paternity or child support proceedings, or the failure to pay child support pursuant to § 46-225.01(b-2); and

(3) Arising pursuant to § 46-226.03(c), involving the attachment and seizure of:

(A) Assets owned by a child support obligor held in a financial institution or held in a financial institution by another on behalf of the support obligor by the Child Support Services Division of the Office of the Attorney General, or its successor, in order to satisfy child support arrearages; or

(B) Any settlements, judgments, or other funds.

(b-24) This chapter shall apply to all adjudicated cases relating to the Address Confidentiality Program established by § 4-555.02.

(b-25) Not Funded.

(b-26) This chapter shall apply to all adjudicated cases involving a violation of Chapter 27 of Title 34.

[(b-27)] Not Funded.

[(b-28)] This chapter shall apply to all adjudicated cases involving a civil violation penalized under § 35-254(a).

(b-29) This chapter shall apply to all adjudicated cases authorized by §§ 41-161.03 and 41-162.02.

(c) Any agency, board, or commission not referenced in this section may:

(1) Refer individual cases to the Office, with the approval of the Chief Administrative Law Judge; or

(2) Elect to be covered by this chapter, subject to the approval of the Chief Administrative Law Judge and the Mayor, and upon such terms as the Mayor may set.

(d) Repealed.

(e) Nothing in this chapter shall be construed to grant a right to a hearing not created independently by a constitutional provision or a provision of law other than this chapter, except with regard to the discipline or removal of an Administrative Law Judge or the Chief Administrative Law Judge.

(f) Except as provided in subsection (h) of this section, no agency of the District of Columbia to which this chapter applies shall adjudicate adjudicated cases under the jurisdiction of the Office of Administrative Hearings or employ hearing officers, either full- or part-time, for the purpose of adjudicating cases under the jurisdiction of the Office.

(g) Any case initiated by, or arising from a decision or action of, an agency or a portion of an agency in receivership shall not be heard by the Office unless the receiver has entered a binding agreement that any order issued by the Office in the matter would have the same force, effect, and finality as it would if the receivership did not exist.

(h) Nothing in this chapter shall be construed to limit the authority of an agency referenced in this section, if the authority exists pursuant to other provisions of the law, to have an agency head or one or more members of the governing board, commission, or body of the agency adjudicate cases falling within its jurisdiction in lieu of the Office. This authority may not be delegated in whole or in part to any subordinate employees of the agency.

(i)(1) A board or commission with authority to issue professional or occupational licenses may delegate to the Office its authority to conduct a hearing and issue an order on the proposed denial, suspension, or revocation of a license or on any proposed disciplinary action against a licensee or applicant for a license. The Office’s order shall be appealable to the board or commission pursuant to § 2-1831.16(b).

(2) A case that was delegated by a board or commission to an administrative law judge or hearing examiner employed by an agency subject to this chapter shall be deemed to have been delegated to the Office pursuant to this section as of the date that the agency’s adjudicated cases became subject to this chapter.

(j) A person who has filed a protest of a proposed assessment under § 47-4312 and requested a hearing with the Office shall be deemed to have elected adjudication by the Office as the exclusive means of adjudication of all challenges to the proposed assessment, and to have waived any right to adjudication of a challenge to the proposed assessment in any other forum. Nothing in this subsection limits the right of any person to judicial review of an order of the Office pursuant to § 2-1831.16.