Administrative Petition Filing Form

The administrative petition form is utilized across a wide range of regulatory and administrative disputes where a governmental decision needs formal challenge. Cases where this administrative review is necessary include:

• Professional licenses: Challenges to the denial or suspension of professional licenses.
• Regulatory enforcement: Disputes involving alleged violations of D.C. municipal regulations.
• Benefit disputes: Contesting decisions regarding public assistance, housing, or other government benefits eligibility.
• Penalties or citations: Contesting fines or sanctions imposed by a D.C. agency, such as the Department of Consumer and Regulatory Affairs.

In the majority of these situations, the Office of Administrative Hearings (OAH) will serve as the primary venue where the administrative petition is officially filed and adjudicated.

The petition must clearly and concisely communicate the nature of the dispute and the relief requested. The following items constitute the essential components that must be thoroughly and accurately completed:

• Petitioner’s Identification: Full legal name, current mailing address, and complete contact information.
• Respondent Agency: The full, correct legal name of the District agency whose decision is being challenged.
• Disputed Decision Details: A copy or a detailed summary of the specific decision being appealed, including the date it was issued.
• Basis for Appeal: A clear explanation of the legal or factual errors the petitioner believes make the agency’s decision incorrect or unlawful. This section establishes the legal grounds for the challenge.
• Requested Relief: A precise statement of the remedy or resolution the petitioner is seeking (e.g., reversal, modification, or vacating a fine).
• Signature and Date: The petition must be physically or electronically signed and dated by the petitioner or their authorized representative to validate the submission. Unsigned forms are procedurally invalid and will be rejected.

The proper venue for submission depends on the type of dispute and the governing statute. Petitions are generally submitted to one of the following places:

1. The Office of Administrative Hearings (OAH): The centralized, independent tribunal for the majority of D.C. administrative appeals.
2. The Agency that Issued the Decision: Some statutes mandate initial filing with the issuing agency, which is then responsible for forwarding the file to the OAH for formal adjudication.
3. Specialized Hearing Bodies: For certain matters (e.g., human rights or specific tax appeals), the petition must be filed with a dedicated board or tribunal.

If the case involves multiple agencies, the petitioner must ensure proper service by submitting copies to each relevant party.

The filing of the petition initiates a formal, multi-stage administrative review:

• Service and Answer: The receiving entity serves a copy of the petition on the respondent agency, which is then typically granted 10 to 15 days to submit a formal written answer justifying their original decision.
• Assignment and Hearing: The case is assigned to an Administrative Law Judge (ALJ). The ALJ manages the pre-hearing process and schedules an evidentiary hearing unless the matter can be resolved through written arguments or mediation.
• Final Order: The ALJ ultimately issues a final written order based on the presented evidence, legal standards, and applicable D.C. regulations.

The administrative forum provides several key benefits to petitioners:

• Faster Resolution and Lower Cost: The administrative process is designed for efficiency, with most petitions resolved within 60 to 90 days. It also involves minimal or no filing fees, reducing the financial burden compared to civil litigation.
• Mandatory Prerequisite: In many legal contexts, successfully completing the administrative appeal is a mandatory requirement (exhaustion of administrative remedies) before the petitioner is legally allowed to seek further judicial review in the D.C. Superior Court.
• Expert Decisions: Administrative Law Judges (ALJs) are often appointed for their deep specialization in specific regulatory areas, which leads to more informed and technically accurate decisions on complex regulatory matters.

The administrative forum serves as a critical opportunity to build a comprehensive legal record, which can significantly influence the outcome of any potential future judicial review or appeal to the D.C. Court of Appeals.