§ 2–1801.03. Administrative law judges and attorney examiners.

(a) Except as provided in Chapter 18A of this title, the Mayor shall appoint 1 or more attorneys to serve as administrative law judges or attorney examiners to implement the provisions of this chapter.

(b) Administrative law judges or attorney examiners shall have the following powers:

(1) Presiding over hearings in contested matters under this chapter;

(2) Compelling the attendance of witnesses by subpoena, administering oaths, taking the testimony of witnesses under oath, and dismissing, rehearing, and continuing cases;

(3) Imposing sanctions for infractions under subchapter II of this chapter, including monetary fines, penalties, and hearing and inspection costs;

(4) Suspending permits or licenses for the purpose of enforcing the payment of monetary fines, penalties, or hearing and inspection costs;

(5) Permitting the payment of monetary fines, penalties, and hearing and inspection costs in excess of $50 in monthly installments over a period not greater than 6 months and allowing a fee of 1% per month of the outstanding amount owed by a respondent for the installment service;

(6) Suspending all or part of any fine or penalty imposed on grounds of past compliance or past good faith attempts to comply with applicable laws and regulations, or upon condition that the respondent correct the infraction by a date certain; and

(7) Sealing the premises where the conduct occurred which is the basis of the citation to enforce orders requiring the payment of monetary fines, penalties, or hearing and inspection costs.

(c) Each licensing or permitting authority or successor entity established by the laws and regulations amended by title IV may delegate to administrative law judges or attorney examiners, who are appointed pursuant to this section or pursuant to Chapter 18A of this title [§ 2-1831.01 et seq.], the authority to conduct hearings pursuant to the laws and regulations and to recommend appropriate action, including denial, suspension, or revocation of any permit or license, to the licensing or permitting authority.

(d) Prior to assuming any duties or responsibilities pursuant to this chapter, administrative law judges or attorney examiners shall have completed an orientation or training course established by the Mayor or the Chief Administrative Law Judge of the Office of Administrative Hearings for the purpose of familiarizing themselves with relevant rules, procedures, and substantive law.

(e) Administrative law judges and attorney examiners appointed pursuant to this section, or pursuant to Chapter 18A of this title [§ 2-1831.01 et seq.], may hear cases pursuant to Chapter 39 of Title 28.

(Oct. 5, 1985, D.C. Law 6-42, § 103, 32 DCR 4450; Mar. 8, 1991, D.C. Law 8-237, § 2(b), 38 DCR 314; Apr. 18, 1996, D.C. Law 11-110, § 14, 43 DCR 530; Apr. 13, 2005, D.C. Law 15-354, § 9(a), 52 DCR 2638.)

Prior Codifications

1981 Ed., § 6-2703.

Section References

This section is referenced in § 28-3902.

Effect of Amendments

D.C. Law 15-354, in subsec. (a), substituted “Except as provided in this chapter, the” for “The”; in subsec. (c), substituted “section or pursuant to this chapter,” for “section,”; in subsec. (d), substituted “Mayor or the Chief Administrative Law Judge of the Office of Administrative Hearings” for “Mayor”; and, in subsec. (e), substituted “section or pursuant to this chapter,” for “section”.

References in Text

“Title IV,” referred to in (c), is title IV of D.C. Law 6-42.