Richmond Rent Board directs staff to revise Chapter 8 regulation amendments; returns item to Sept. 30 consent calendar

The Richmond Rent Board on Sept. 17 directed staff to revise proposed amendments to Chapter 8 of the board’s regulations and return the item to the consent calendar for the board’s special meeting on Sept. 30.

Executive Director Nicholas Traylor outlined four proposed changes to Chapter 8: (1) Regulation 8.01 would clarify that the petitioner bears the burden of proof, defined as the preponderance of the evidence; (2) Regulation 8.04 would limit preliminary review of petitions to procedural defects, describe what makes a petition unacceptable, and allow staff to administratively dismiss unacceptable petitions without prejudice if they are not corrected; (3) Regulation 8.22 would allow hearing examiners to issue decisions without a hearing when the record contains undisputed facts; and (4) Regulation 8.44 would extend the decision deadline for hearing examiners from 120 days to 150 days.

Traylor said the August 27 board direction asked staff to make the petition and hearings process clearer and more efficient and that the changes are intended to align the regulations more closely with the rent ordinance. "The amendment clarifies that the petitioner has the burden of proof and that the standard is the preponderance of evidence," Traylor said.

General Counsel Charles Ochinuga explained why one change removes subpoena power…