Carroll v. Dist. of Columbia Dep't of Emp. Servs., 487 A.2d 622 (D.C. 1985). · Go Syfert
Carroll v. Dist. of Columbia Dep't of Emp. Servs., 487 A.2d 622 (D.C. 1985). Cases Citing This Book View Copy Cite
44 citation events (23 in the last 25 years) across 3 distinct courts.
Strongest positive: Wood v. D.C. Department of Consumer and Regulatory Affairs (dc, 2023-05-18)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
cited Cited as authority (rule) Wood v. D.C. Department of Consumer and Regulatory Affairs
D.C. · 2023 · confidence medium
Servs., 487 A.2d 622, 623 (D.C. 1985).
discussed Cited as authority (rule) OFFICE OF MANAGEMENT AND BUDGET v. Webb (2×)
D.C. · 2011 · confidence medium
An agency must provide notice “ ‘reasonably calculated to afford the party’ an opportunity to be heard.” Carroll v. District of Columbia Dep’t of Emp’t Servs., 487 A.2d 622, 623 (D.C.1985) (per curiam) (quoting Wise v. Herzog, 72 App.D.C. 335, 337 , 114 F.2d 486, 488 (1940)); see also Kidd Int’l Home Care, Inc. v. Prince, 917 A.2d 1083, 1086 (D.C.2007).
cited Cited as authority (rule) Griffin v. Bierman
Md. · 2008 · confidence medium
Dep’t of Employment Serv., 487 A.2d 622, 623 (D.C.1985) (quoting Osborn v. Review Bd. of Ind. Employment Sec.
examined Cited as authority (rule) Kidd International Home Care, Inc. v. Prince (3×)
D.C. · 2007 · confidence medium
“In order to satisfy due process, notice must be accomplished by a method reasonably calculated to afford the party an opportunity to be heard.” Carroll v. District of Columbia Dep’t of Employment Servs., 487 A.2d 622, 623 (D.C.1985) (per curiam) (quoting Wise v. Herzog, 72 App. D.C. 335, 337 , 114 F.2d 486, 488 (1940)) (internal quotation marks omitted); see generally Mullane v. Cent.
examined Cited as authority (rule) Hilliard v. Adecco USA, Inc. (8×) also: Cited "see"
D.C. · 2006 · confidence medium
“In order to satisfy due process, notice must be accomplished by a method reasonably calculated to afford the party an opportunity to be heard.” Carroll v. District of Columbia Dep’t of Employment Servs., 487 A.2d 622, 623 (D.C.1985) (per curiam) (quoting Wise v. Herzog, 72 App. D.C. 335, 337 , 114 F.2d 486, 488 (1940)) (internal quotation marks omitted); McCaskill, 572 A.2d at 445 ; see, generally, Mullane v. Cent.
discussed Cited as authority (rule) McDaniels v. Brown
D.C. · 1999 · confidence medium
The court stated: It is well settled that “an individual is entitled to fair and adequate notice of ... proceedings that will affect his rights, in order that he may have an opportunity to defend his position.” Carroll v. District of Columbia Dep’t of Employment Servs., 487 A.2d 622, 623 (D.C.1985) (per curiam).
discussed Cited as authority (rule) Transportation Leasing Co. v. Department of Employment Services
D.C. · 1997 · confidence medium
Accordingly, says the company, because the prehearing conference order provided no notice that the hearing examiner might award compensation for a scheduled injury, the company had every expectation that the only issue would be Williams’ claim for an unscheduled injury. ‘We have held that ‘[i]n general, an individual is entitled to fair and adequate notice of administrative proceedings that will affect his [or her] rights, in order that he [or she] may have an opportunity to defend his [or her] position.’ ” Ridge v. Police & Firefighters Retirement and Relief Bd., 511 A.2d 418, 424 (…
discussed Cited as authority (rule) Abia-Okon v. District of Columbia Contract Appeals Board
D.C. · 1994 · confidence medium
Ammerman v. District of Columbia Rental Accommodations Commission, 375 A.2d 1060, 1062 (D.C.1977) (citations and footnote omitted); see Ridge v. Police & Firefighters Retirement & Relief Board, 511 A.2d 418, 424-425 (D.C.1986) (summarizing due process requirements in administrative cases); Carroll v. District of Columbia Department of Employment Services, 487 A.2d 622, 623 (D.C.1985) (“an individual is entitled to fair and adequate notice of administrative proceedings that will affect his rights, in order that he may have an opportunity to defend his position”); Babazadeh v. District of Co…
discussed Cited as authority (rule) Allstate Insurance Co. v. Robinson
D.C. · 1994 · confidence medium
Apparently, the arbitrator failed to make the requisite service upon any party. 4 It is well settled that “an individual is entitled to fair and adequate notice of ... proceedings that will affect his rights, in order that he may have an opportunity to defend his position.” Carroll v. District of Columbia Dep’t of Employment Servs., 487 A.2d 622, 623 (D.C.1985) (per curiam).
discussed Cited as authority (rule) Allen v. District of Columbia Department of Employment Services
D.C. · 1990 · confidence medium
Although, as we stated, the District’s failure to provide DOES with complete address information would mean “the employer may be at its peril,” see supra at 691, DOES would still have an obligation to send out notice “ ‘reasonably calculated to afford the party’ an opportunity to be heard.” Carroll v. District of Columbia Dep’t of Employment Servs., 487 A.2d 622, 623 (D.C.1985) (per curiam) (quoting Wise v. Herzog, 72 App.D.C. 335, 337 , 114 F.2d 486, 488 (1940)).
discussed Cited as authority (rule) McCaskill v. District of Columbia Department of Employment Services
D.C. · 1990 · confidence medium
An agency must give notice “ ‘reasonably calculated to afford the party’ an opportunity to be heard.” Carroll v. District of Columbia Dep 't of Employment Servs., 487 A.2d 622, 623 (D.C.1985) (quoting Wise v. Herzog, 72 App.D.C. 335, 337 , 114 F.2d 486, 488 (1940)).
discussed Cited as authority (rule) Davidson v. District of Columbia Board of Medicine
D.C. · 1989 · confidence medium
Board had the transcript of the Florida proceedings did not deprive him of “fair and adequate notice.” 9 See Ridge v. Police & Firefighters Retirement Bd., 511 A.2d 418, 424 (D.C.1986) (quoting Carroll v. District of Columbia Dept. of Employment Servs., 487 A.2d 622, 623 (D.C.1985)).
cited Cited as authority (rule) Fair Haven Animal Hospital v. Department of Employment & Training
Vt. · 1988 · confidence medium
Serv., 487 A.2d 622, 624 (D.C.
discussed Cited as authority (rule) Ridge v. Police & Firefighters Retirement & Relief Board
D.C. · 1986 · confidence medium
We have held that “[i]n general, an individual is entitled to fair and adequate notice of administrative proceedings that will affect his [or her] rights, in order that he [or she] may have an opportunity to defend his [or her] position.” Carroll v. District of Columbia Department of Employment Services, 487 A.2d 622, 623 (D.C.1985).
cited Cited as authority (rule) Town Center Management v. District of Columbia Rental Housing Commission
D.C. · 1985 · confidence medium
Thomas, supra, 490 A.2d at 1164 ; Carroll v. District of Columbia Department of Employment Services, 487 A.2d 622, 624 (D.C.1985). .
discussed Cited "see" Wright-Taylor v. Howard University Hospital
D.C. · 2009 · signal: see · confidence high
See McCaskill v. District of Columbia Dep’t of Employment Servs., 572 A.2d 443, 445 (D.C.1990) (“There is a presumption that correspondence mailed and not returned to the agency is received.”) (citing Carroll v. District of Columbia Dep’t of Employment Servs., 487 A.2d 622, 623 (D.C.1985)).
discussed Cited "see" Chiapella v. District of Columbia Board of Zoning Adjustment
D.C. · 2008 · signal: see · confidence high
See Carroll v. District of Columbia Dep’t of Employment Services, 487 A.2d 622, 623 (D.C.1985) (“In general, an individual is entitled to fair and adequate notice of administrative proceedings that will affect his rights, in order that he may have an opportunity to defend his position.”); Public Serv.
discussed Cited "see" Timus v. District of Columbia Department of Human Rights (2×) also: Cited "see, e.g."
D.C. · 1993 · signal: see · confidence high
See Honig v. District of Columbia Office of Human Rights, 388 A.2d 887, 888 (D.C.1978) (Department has prosecutorial discretion whether to exercise jurisdiction over a complaint). [8] See also Carroll v. District of Columbia Dep't of Employment Servs., 487 A.2d 622, 623 (D.C.1985) (party before administrative agency has due process right to notice of rules and procedures that bind the agency); Ammerman v. District of Columbia Rental Accommodations Comm'n, 375 A.2d 1060, 1062 (D.C.1977) (same). [9] In a letter of March 22, 1990, the Director of the Department of Human Rights and Minority Busine…
discussed Cited "see, e.g." Meriedy v. Tenleytown Trash
D.C. · 2022 · signal: see also · confidence medium
See Dozier v. District of Columbia Dep’t of Emp’t Servs., 498 A.2d 577, 580 (D.C. 1985); Thomas v. District of Columbia Dep’t of Emp’t Servs., 490 A.2d 1162, 1164-65 (D.C. 1985); see also Carroll v. District of Columbia Dep’t of Emp’t Servs., 487 A.2d 622, 624 (D.C. 1985).
cited Cited "see, e.g." Lewis v. District of Columbia Department of Employment Services
D.C. · 1988 · signal: see, e.g. · confidence low
See, e.g., Carroll v. District of Columbia Employment Services, 487 A.2d 622 (D.C.1985).
discussed Cited "see, e.g." Selk v. District of Columbia Department of Employment Services
D.C. · 1985 · signal: see also · confidence medium
Gosch, supra, 484 A.2d at 957 ; see also Carroll v. District of Columbia Department of Employment Services, 487 A.2d 622, 623 (D.C.1985) (petitioner filed timely appeal on February 27 from decision mailed February 17). 4 .
Retrieving the full opinion text from the archive…
Robert L. CARROLL, Petitioner,
v.
DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent
84-565.
District of Columbia Court of Appeals.
Feb 13, 1985.
487 A.2d 622
1985 D.C. App. LEXIS 292
Robert L. Carroll, pro se., Michael A. Milwee, Washington, D.C., was on the brief for respondent.
Pryor, Newman, Terry.
Cited by 27 opinions  |  Published
PER CURIAM:

Petitioner seeks review of a decision by the Department of Employment Services, Unemployment Compensation Board (the Board) denying his application for unemployment benefits. His sole claim on appeal is that he was denied his due process right to notice with respect to his hearing before the appeals examiner. Finding no due process violation, we affirm.

Petitioner was employed as a housekeeper for Walter Reed Army Medical Center until he voluntarily resigned in December 1983. Thereafter, petitioner applied for unemployment benefits. On his application, petitioner claimed that he resigned “because I was told I would be fired if I didn’t. I was accused of drinking on [the] job.” A claims deputy reviewed petitioner’s application and concluded that petitioner was ineligible for benefits because he resigned without “good cause connected with the work.” See D.C.Code § 46-lll(a) (1981); 18 DCRR § 4612.6(e) (1983).

A copy of this decision was mailed to petitioner at his home address — 1267[*623] Southview Drive, Apartment 202, Oxon Hill, Maryland 20745. The notice set forth the decision of the claims deputy, the reason for the decision, a statement outlining petitioner’s right to appeal, and the procedural requirements associated with an appeal.

On December 29, 1983, petitioner filed a timely appeal and request for a hearing. On January 31, 1984, the Appeals Section of the Board mailed a notice of hearing to petitioner at his Oxon Hill, Maryland residence. The notice stated:

An appeal from a Determination made in the above claim having been filed by Claimant ..., notice is hereby given that said appeal will be heard at 11:30 a.m., on the 10th day of Feb. 1984 in Room 509 of the Employment Security Building, 500 C Street, N.W., Washington, D.C., 20001.
* s}: s}: * >fc 4s
Failure of the Appellant or of an interested party to appear may result in dismissal of the appeal or other unfavorable Decision.

Appellant failed to appear at the February 10 hearing. As a result, the appeals examiner dismissed the appeal, and the pri- or determination denying petitioner benefits was affirmed.

A copy of the appeals examiner’s decision was mailed on February 17, 1984, to petitioner’s Oxon Hill, Maryland address. The notice informed petitioner that his appeal had been dismissed and set forth the reasons for the dismissal. The notice also advised petitioner that the decision would become final unless petitioner filed a written appeal within ten days of the copy’s date of mailing.

On February 27, 1984, petitioner filed a timely appeal from the appeals examiner’s decision. Petitioner alleged that he had failed to appear at the February 10 hearing because he had never received the notice advising him that a hearing had been scheduled. When filing this appeal, petitioner listed his home address as 1267 Southview Drive, Apartment 202, Oxon Hill, Maryland 20745.

In a final decision dated April 12, 1984, the Acting Chief of the Office of Appeals and Review affirmed the decision of the appeals examiner. The final decision noted that

[A]t all times correspondence from this agency was mailed to claimant [sic] address given by him. There is a presumption that correspondence mailed and not returned to this agency ... has been received. No persuasive evidence has been presented to overcome that presumption ....

In this court, petitioner asserts that he was denied due process because he never received notice of the February 10 hearing before the appeals examiner.

In general, an individual is entitled to fair and adequate notice of administrative proceedings that will affect his rights, in order that he may have an opportunity to defend his position. In order to satisfy due process, notice “must be accomplished by a method reasonably calculated to afford the party” an opportunity to be heard. Wise v. Herzog, 72 App.D.C. 335, 337, 114 F.2d 486, 488 (1940); cf. Schroeder v. City of New York, 371 U.S. 208, 83 S.Ct. 279, 9 L.Ed.2d 255 (1962) (holding that service of process by mail is sufficient to give notice in most circumstances); Coleman v. Scheve, 367 A.2d 135 (D.C.1976) (same). The Constitution, however, does not require with regard to notice that “the state ... erect an ideal system for the administration of justice which is impervious to malfunctions.” Osborn v. Review Board of Indiana Employment Security Division, 178 Ind.App. 22, 27, 381 N.E.2d 495, 500 (1978) (citing Miedreich v. Lauenstein, 232 U.S. 236, 34 S.Ct. 309, 58 L.Ed. 584 (1914)).

The statutory scheme applicable here requires that “an impartial hearing on the appeal shall be scheduled and written notice of the hearing shall be given to all interested parties.” 18 DCRR § 4607.3 (1983). Similarly, all hearings before a[*624] hearing examiner must be conducted so as to ensure the protection of the substantial rights of the parties_” Id. at § 4608.1.

In the case at hand, the Board complied with the statutory notice requirements. The Board did in fact mail a notice of the hearing date and time to petitioner at the address petitioner had consistently listed, on all forms filed with the Board, as his home address. Cf. MacKenzie v. District of Columbia Unemployment Compensation Board, 129 U.S.App.D.C. 258, 259, 393 F.2d 659, 660 (1968) (due process not satisfied where Board mailed notice to temporary address instead of permanent address and notice was never received). Such notice was never returned by the postal service, to the agency, as undeliverable. Moreover, petitioner concedes that subsequent mail which was sent by the agency to petitioner at the same address was received.

We hold that the alleged failure of an individual to receive notice, under these circumstances, does not constitute a deprivation of due process. Accord Osborn v. Review Board of Indiana Employment Security Division, supra, 178 Ind.App. at 27, 381 N.E.2d at 500; Lentz v. Commonwealth Unemployment Compensation Board of Review, 43 Pa.Comnw. 544, 402 A.2d 1127 (1979); Mihelic v. Commonwealth Unemployment Compensation Board of Review, 41 Pa.Comnw. 546, 399 A.2d 825 (1979). Accordingly, the Board’s decision is affirmed.

So ordered.