§ 2–510. Judicial review.

(a) Any person suffering a legal wrong, or adversely affected or aggrieved, by an order or decision of the Mayor or an agency in a contested case, is entitled to a judicial review thereof in accordance with this subchapter upon filing in the District of Columbia Court of Appeals a written petition for review. If the jurisdiction of the Mayor or an agency is challenged at any time in any proceeding and the Mayor or the agency, as the case may be, takes jurisdiction, the person challenging jurisdiction shall be entitled to an immediate judicial review of that action, unless the Court shall otherwise hold. The reviewing Court may by rule prescribe the forms and contents of the petition and, subject to this subchapter, regulate generally all matters relating to proceedings on such appeals. A petition for review shall be filed in such Court within such time as such Court may by rule prescribe and a copy of such petition shall forthwith be served by mail by the clerk of the Court upon the Mayor or upon the agency, as the case may be. Within such time as may be fixed by rule of the Court, the Mayor or such agency shall certify and file in the Court the exclusive record for decision and any supplementary proceedings, and the clerk of the Court shall immediately notify the petitioner of the filing thereof. Upon the filing of a petition for review, the Court shall have jurisdiction of the proceeding, and shall have power to affirm, modify, or set aside the order or decision complained of, in whole or in part, and, if need be, to remand the case for further proceedings, as justice may require. Filing of a petition for review shall not in itself stay enforcement of the order or decision of the Mayor or the agency, as the case may be. The Mayor or the agency may grant, or the reviewing Court may order, a stay upon appropriate terms. The Court shall hear and determine all appeals upon the exclusive record for decision before the Mayor or the agency. The review of all administrative orders and decisions by the Court shall be limited to such issues of law or fact as are subject to review on appeal under applicable statutory law, other than this subchapter. In all other cases the review by the Court of administrative orders and decisions shall be in accordance with the rules of law which define the scope and limitations of review of administrative proceedings. Such rules shall include, but not be limited to, the power of the Court:

(1) So far as necessary to decision and where presented, to decide all relevant questions of law, to interpret constitutional and statutory provisions, and to determine the meaning or applicability of the terms of any action;

(2) To compel agency action unlawfully withheld or unreasonably delayed; and

(3) To hold unlawful and set aside any action or findings and conclusions found to be:

(A) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(B) Contrary to constitutional right, power, privilege, or immunity;

(C) In excess of statutory jurisdiction, authority, or limitations or short of statutory jurisdiction, authority, or limitations or short of statutory rights;

(D) Without observance of procedure required by law, including any applicable procedure provided by this subchapter; or

(E) Unsupported by substantial evidence in the record of the proceedings before the Court.

(b) In reviewing administrative orders and decisions, the Court shall review such portions of the exclusive record as may be designated by any party. The Court may invoke the rule of prejudicial error.

(Oct. 21, 1968, 82 Stat. 1209, Pub. L. 90-614, § 110, formerly § 11; July 29, 1970, 84 Stat. 582, Pub. L. 91-358, title I, § 162; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(ll), 22 DCR 2055; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 3744.)

Prior Codifications

1981 Ed., § 1-1510.

1973 Ed., § 1-1510.

Section References

This section is referenced in § 2-1403.14, § 2-1831.16, § 3-410, § 3-606, § 3-1205.20, § 4-803, § 7-2045, § 8-113.10, § 8-1021, § 11-722, § 17-303, § 17-305, § 26-551.20, § 26-704, § 26-706.01, § 26-1204, § 26-1205, § 28-3905, § 31-714, § 31-903, § 31-2103, § 31-2231.23, § 31-2231.24, § 31-2403, § 31-3153, § 31-3931.20, § 31-5507, § 31-5608.03, § 32-414, § 32-509, § 32-756, § 32-1116, § 32-1117, § 32-1204, § 32-1331.06, § 34-2305, § 41-127, § 42-3405.08, § 42-3405.09, § 44-414, § 44-607, § 44-1003.13, § 46-225.01, § 46-226.03, § 46-226.06, § 47-2853.23, § 48-108.01, § 50-1907, and § 50-2304.05.

Cross References

Banks and banking, regional interstate banking, application for approval, judicial review, see § 26-704.

Banks and banking, regional interstate banking, nonregional bank holding companies, review of hearing to determine compliance with orders as to commitments, see § 26-706.01.

Banks and banking, savings and loan acquisitions, review of hearing to determine compliance with orders as to commitments, see § 26-1204.

Banks and banking, savings and loan acquisitions, review of hearing to determine compliance with orders as to commitments, see § 26-1205.

Boxing and wrestling commission, powers to issue permits and licenses, suspension or revocation, contested case provisions applicable, see § 3-606.

Child care services and facilities, child development facilities regulation, judicial review of adverse actions, see § 7-2045.

Court of Appeals, jurisdiction, administrative orders and decisions, see § 11-722.

Environmental controls, underground storage tank management, licensee or certificate holder, appeal of adverse action, see § 8-113.10.

Funeral directors, denial, suspension, or revocation of license, appeal procedures, see § 3-410.

General license law, license, certification, or registration requirement, judicial review of final decisions regarding, see § 47-2853.23.

Healthcare entity conversion, approval or disapproval by attorney general, judicial review of decision of corporation counsel, see § 44-607.

Health occupations, licensing of health professionals, judicial and administrative review of actions of board or mayor, see § 3-1205.20.

Health services planning, judicial review of certificate of need decisions, see § 44-414.

Human rights, procedures, judicial review of orders and decisions upon filing of written petition for review, see § 2-1403.14.

Insurance, compulsory/no-fault motor vehicle insurance, orders and decisions of board of review, judicial review, see § 31-2403.

Insurance, holding companies, judicial review of any determination, rule, regulation, or order of mayor respecting holding companies, see § 31-714.

Insurance, property and liability insurance guaranty association, powers and duties of mayor, judicial review of final actions or orders of mayor, see § 31-5507.

Insurance, standards to identify insurance companies deemed to be in hazardous financial condition, judicial review, see § 31-2103.

Labor, employment services, licensing and regulation, judicial review of adverse actions taken against licensee, see § 32-414.

Labor, family and medical leave, investigation of complaints, judicial review of adverse actions, see § 32-509.

Labor, occupational safety and health, judicial review of adverse actions, see § 32-1116.

Labor, parental leave, procedure and remedies for violations, judicial review of violation determinations, see § 32-1204.

labor, retaliatory discharge, discrimination, right to judicial review of adverse actions taken as to, see § 32-1117.

Medicaid provider fraud prevention, fraudulent claims, additional civil penalties, judicial review of adverse action, see § 4-803.

Motor vehicles and traffic, operators, implied consent to blood alcohol content tests, judicial review of order revoking or denying license, see § 50-1907.

Motor vehicles and traffic, traffic adjudication, administrative review, superior court appeal and review, see § 50-2304.05.

Nursing homes and community residence facilities, involuntary discharge, transfer, and relocation of residents, judicial review of involuntary discharge, transfer or relocation, see § 44-1003.13.

Personal property, disposition of unclaimed property, judicial review of adverse action on claim, see § 41-127.

Real property, rental housing conversion and sale, judicial review of certain proceedings, see § 42-3405.08.

Real property, rental housing conversion and sale, judicial review of mayoral actions, see § 42-3405.09.

Solid waste management, paper and paper products, minimum recycled content, exemption application procedure, review of decision on application, see § 8-1021.

Veterinarians, denial, suspension, or revocation of license, review of adverse decision, see § 3-511.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.

Uniform Law: This section is based upon § 15 of the Uniform Law Commissioners’ Model State Administrative Procedure Act (1961 Act).