722. CLASS ACTIONS

722 CLASS ACTIONS 722.1 A complaint containing a request for class certification may be filed either by an individual complainant or by an organization. Upon receipt of a notarized class action complaint, the Office shall within fifteen (15) days serve on the respondent a notice of the complaint and a copy of the complaint. The respondent shall, within ten (10) days of the receipt of the notice, file a written answer to the request for class certification. 722.2 Within thirty (30) calendar days of receipt of a notarized class action complaint, the Director shall certify the class only if all of the following are satisfied: (a) The class is so numerous that joinder of all injured persons is impracticable; (b) Common questions of law and fact exist as to the injured persons; (c) Claims or defenses of the named complainant(s) are typical of the claims or defenses of the class members; (d) The named complainant(s) will fairly and adequately represent and protect the interests of the class; and (e) The party opposing the class acted on grounds applicable to the class. 722.3 The decision of the Director to certify a class shall be served on the complainant and the respondent in writing. When the Director denies certification of a class, the complaint shall be considered as an individual action. The time limitations in § 712 shall begin on the date that the parties receive notification of the Director’s decision to certify or to deny certification of a class. 722.4 The time limits in § 712 may be adjusted at the discretion of the Director for a complaint certified as a class action. SOURCE: Final Rulemaking published at 56 DCR 007324 (September 4, 2009).