§ 2. Commencement of commission proceedings.  


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  • 2.1.Whenever the executive director of the office of landlord-tenant affairs officially presents to the commission any bona fide complaint which the executive director has either failed to conciliate or has determined is not susceptible to conciliation, the commission shall either schedule a hearing thereon to determine whether a violation of chapter 29 of the Code or a defective tenancy exists, or the commission may refer the matter back to the office of landlord-tenant affairs for further investigation or conciliation. If the executive director determines a complaint has no reasonable grounds and the commission determines that such complaint is not bona fide, it shall dismiss the complaint by written order.
    2.2. In the event the commission determines to hold a hearing pursuant to rule 2.1, it shall schedule such hearing and order the issuance of a statement of charges which shall be served upon the parties by personal service, certified mail return receipt requested, or as otherwise provided by law.
    2.3. In addition to that which is required by chapter 29 of the Code, the statement of charges shall include:
    a. the name of the complainant,
    b. specific references to the section of the Code allegedly violated,
    c. a concise factual statement of the acts alleged to constitute a violation of law or a defective tenancy,
    d. remedy sought.
    2.4. After the commission has determined to hold a hearing pursuant to Rule 2.1, the commission shall summon to said hearing the respondent(s) and may summon complainant(s) and all witness(es) it deems necessary to appear at said hearing. Summonses issued pursuant to this rule shall be served in accordance with the provisions for services upon the respondent as provided in Rule 2.2, supra.
    2.5. Extraordinary rent increase requests; review and oral argument. The applicant or any other party to a hearing on an application for an extraordinary rent increase may, following such hearing, request the commission to review the hearing examiner's recommendation or the executive director's decision prior to its becoming final. All such requests shall be in writing and shall state:
    a. the name of the applicant.
    b. whether the appellant is a landlord or tenant.
    c. the specific facts upon which the review is requested. If no specific facts are alleged, the commission may, at its discretion, give the appellant an additional ten (10) days to specify the basis for the requested review.
    d. the nature of the relief the commission is requested to provide.
    e. if oral argument is being requested the appellant shall so state, giving reasons why oral argument is necessary.