1233. Open Hearings
All individual rent ceiling adjustment hearings shall be open to the public.
1234. Rights of Parties
(A) All parties to a hearing shall have the right to appear at the hearing and present evidence and argument in person, and/or have assistance from attorneys, legal workers, recognized tenant organization representatives or any other designated persons. Before a representative is allowed to advocate for, or in any way represent, a party, the party must specifically designate the representative to represent him/her signed in writing to the Board. Any such representative shall file a written statement with the Board that he/she is assisting the named party, with the name, address and phone number of the representative. All parties shall also have the right to call, examine, and cross-examine witnesses, to request the examiner to issue orders or subpoenas for witnesses or evidence, and to exercise any other rights conferred by the Ordinance or this chapter.
(B) Unless otherwise specified by regulation or by order of the Rent Board or hearing examiner, any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of a document shall be extended by five days if the document was served by mail.
(C) Except for the failure to timely file an appeal in accordance with Regulation 1242, the Rent Board or hearing examiner may relieve a party of the consequences of a failure to perform an act on or before a date certain and allow additional time to perform the act where the party demonstrates that there was a good cause for the failure. Application for this relief shall be made within a reasonable time, in no case exceeding thirty days, after the date certain and shall be accompanied by a sworn declaration attesting to the facts alleged to constitute the good cause.
[Revisions to Regulation 1234 added the letter (A) in front of existing first paragraph and added paragraphs (B) and (C) effective 9/6/01; added the 4th sentence in paragraph (A) and the word signed before …in writing to the Board in the 5th sentence of Section (A) and the word number after the word …phone in the 7th sentence in Section (A) effective 9/20/10.]
1235. Tape Recording
Any party may have the hearing tape recorded or otherwise transcribed at his/her expense.
1236. Hearing Record
The record of the hearing shall include the following: all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted; a statement of all material officially noticed; all recommended and final decisions, orders, and/or rulings; and the reasons for each final decision, order and/or ruling. This official record shall constitute the exclusive record for the decision on the issues raised at the hearing.
1237. Availability of Record
The Board shall make a copy of the official record available for inspection and copying by any person, at a reasonable copying cost.
1238. Quantum of Proof
No individual rent ceiling adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing.
1239. Limitation of Rent Adjustment
Rescinded. Effective September 11, 2003
1240. Notice of Decision
The Board shall send a notice of the hearing examiner's decision to all parties to the hearing. Such notice shall include a copy of the findings of fact and law supporting the decision, as well as a statement of their right to and the time limit for any appeal to the Board and/or judicial review of the decision.
1241. Finality of Decision
The hearing examiner's decision shall be the final decision of the Board in the event of no appeal to the Board.
1241.5 Effect of Landlord's Offer to Comply with Rent Overcharge Refund Order
(A) A tenant who accepts a full refund of rent overcharges, pursuant to Regulation 1271, after receiving written notification that acceptance of the refund will extinguish the tenant's right to appeal the amount of rent overcharges, is deemed to have waived the right to appeal the amount of the refund order. The written notification shall be in language approved by the Board.
(B) Notwithstanding a tenant's appeal of the hearing examiner's decision, the landlord's tender of the full amount of rent overcharges as ordered by the hearing examiner shall constitute compliance with the refund order provided that the amount tendered, if not accepted by the tenant, is deposited into an escrow account established and maintained by the Rent Board. If, on appeal, the Rent Board modifies the hearing examiner's decision and orders additional amounts refunded, a landlord who has tendered the full amount of the original refund order remains in compliance with the refund order so long as the landlord tenders to the tenant the additional amount of rent overcharges within 30 days of the date of the Rent Board's decision on appeal.
[Effective date: December 6, 2004]