5739. [RESERVED]

5739 FAILURE TO APPEAR 5739.1 If either party fails to appear at a hearing, the hearing officer may do the following: (a) Postpone the hearing for up to five (5) business days; (b) With the consent of both parties, reschedule the hearing for a later date; (c) Make a determination that the complainant has waived his or her right to a hearing, if the complainant fails to appear. The waiver shall not constitute a waiver of complainant’s right thereafter to contest DCHA’s action in an appropriate judicial proceeding; (d) Grant an exception if the party is able to document an emergency situation that prevented them from attending or requesting a postponement of the hearing or if requested as a reasonable accommodation for an individual with a disability. SOURCE: Final Rulemaking at 64 DCR 12956 (December 22, 2017); as amended by Final Rulemaking published at 66 DCR 6831 (June 7, 2019). District of Columbia Municipal Regulations Housing 14 DCMR § 5739