6-B37 - APPOINTMENT, REAPPOINTMENT, DISCIPLINE AND REMOVAL OF ADMINISTRATIVE LAW JUDGES BY THE COMMISSION ON SELECTION AND TENURE OF ADMINISTRATIVE LAW JUDGES

3700 SCOPE OF THIS CHAPTER 3700.1 This Chapter establishes standards and procedures for the appointment, reappointment, discipline, removal and qualifications of Administrative Law Judges in the Office of Administrative Hearings who hold office pursuant to section 11 of the Act, …

3701 APPOINTMENT OF PERSONS OTHER THAN HEARING OFFICERS TO AN INITIAL TWO-YEAR TERM AS ADMINISTRATIVE LAW JUDGES 3701.1 Administrative Law Judges, other than hearing officers seeking an appointment authorized by section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)), shall …

3702 APPOINTMENT OF HEARING OFFICERS TO AN INITIAL TWO-YEAR TERM AS ADMINISTRATIVE LAW JUDGES 3702.1 A hearing officer serving in an agency to which the Act becomes applicable and who is eligible for an appointment as an Administrative Law Judge pursuant to section 11(e) of the A…

3703 QUALIFICATIONS OF ADMINISTRATIVE LAW JUDGES 3703.1 An Administrative Law Judge must be a member of the District of Columbia Bar at the time of his or her appointment, and must remain a member of the District of Columbia Bar throughout his or her tenure as an Administrative L…

3704 QUALIFYING EXAMINATION 3704.1 No qualifying examination may be administered unless it has been approved by the Commission as provided in this section. 3704.2 Except as provided in section 3702.11, only applicants whom an initial review panel decides to interview in a final r…

3705 REAPPOINTMENT OF ADMINISTRATIVE LAW JUDGES 3705.1 No earlier than nine (9) months before the expiration of an Administrative Law Judge's term of office, any Administrative Law Judge seeking reappointment to a new term (including a Senior Administrative Law Judge) shall file …

3706 MISCELLANEOUS PROVISIONS 3706.1 To file any document with the Commission pursuant to this Chapter, a person must deliver six copies of that document to the Clerk. The Clerk shall note the date of receipt on each filed document and shall arrange for prompt delivery of one of …

3707 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3708 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3709 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3710 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3711 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3712 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3713 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3714 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3715 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3716 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3717 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3718 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3719 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3720 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3721 TRANSACTION OF COMMISSION BUSINESS 3721.1 The Commission shall operate in accordance with the provisions of the Office of Administrative Hearings Establishment Act of 2001, D.C. Law 14-76 (D.C. Official Code, §§ 2-1831.01, et seq.). 3721.2 The Chairperson, or his or her desi…

3722 PHYSICAL EXAMINATIONS AND MEDICAL INFORMATION 3722.1 At the Commission's written request for the purpose of evaluating an issue relating to the appointment, reappointment, discipline, or removal of an Administrative Law Judge, the Administrative Law Judge shall submit to one…

3723 FINANCIAL REPORTS 3723.1 To the extent required under any code of professional responsibility for Administrative Law Judges adopted pursuant to section 8(a)(9) of the Act, D.C. Official Code § 2-1831.05(a)(9), each Administrative Law Judge shall file a copy of the disclosure…

3724 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3725 PRECEDENTS 3725.1 Provided that copies have been filed by the Commission with the Chief Administrative Law Judge in the Office of Administrative Hearings and maintained and made reasonably available for review, each Administrative Law Judge shall be deemed to be on notice of…

3726 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003); as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

3727 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003); as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

3728 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003); as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).

3729 CAUSE FOR DISCIPLINE OR REMOVAL 3729.1 Cause to discipline or remove an Administrative Law Judge under the Act includes any of the following: (a) Willful misconduct in office, violation of applicable law or rules, including without limitation, any violation of a code of prof…

3730 INVESTIGATIONS 3730.1 The Commission may investigate and deliberate to determine whether a formal proceeding to discipline or remove an Administrative Law Judge should be instituted. It may do so upon proposal of the Chief Administrative Law Judge, or upon receiving informat…

3731 OATHS OR AFFIRMATIONS 3731.1 Each witness who appears before the Commission in an investigation or proceeding shall swear or affirm to tell the truth and not to disclose the nature of the investigation or of the proceeding or the identity of the Administrative Law Judge invo…

3732 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3733 RESERVED SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2…

3734 FORMAL PROCEEDINGS 3734.1 If the Commission institutes a formal proceeding against an Administrative Law Judge, it shall issue a written notice to the Administrative Law Judge advising him or her that the investigation has led to the institution of a formal proceeding agains…

3735 HEARINGS IN FORMAL PROCEEDINGS 3735.1 Upon the timely filing of an answer, unless good cause to the contrary appears in the answer, or if no timely answer is filed, the Commission shall order an evidentiary hearing to be held before it concerning the matters specified in the…

3736 FINDINGS OF FACT AND CONCLUSIONS OF LAW 3736.1 Within ninety (90) days after the close of the record in any formal proceeding, the Commission shall issue written findings of fact and conclusions of law. 3736.2 A copy of the findings and conclusions shall be served on the Adm…

3737 SANCTIONS 3737.1 If the Commission determines that there is cause for discipline or removal of an Administrative Law Judge, it may sanction the Administrative Law Judge by oral reprimand, written reprimand, suspension without pay, reduction in grade, or removal. 3737.2 The C…

3738 SUMMARY SUSPENSION UPON COMMENCEMENT OF CRIMINAL PROCEEDINGS 3738.1 Notwithstanding any other provision of this chapter, the Commission shall suspend an Administrative Law Judge with pay if it has probable cause to believe any of the following: (a) The Administrative Law Jud…

3739 SUMMARY SUSPENSION UPON CONVICTION 3739.1 Notwithstanding any other provision of this Chapter, the Commission shall suspend an Administrative Law Judge without pay if it has probable cause to believe any of the following: (a) The Administrative Law Judge has been convicted (…

3740 CORRECTIVE DISCIPLINE BY THE CHIEF ADMINISTRATIVE LAW JUDGE 3740.1 Pursuant to sections 8 and 13(e) of the Act, D.C. Official Code §§ 2-1831.05 and 2-1831.10(e), the Chief Administrative Law Judge may discipline an Administrative Law Judge by issuing an official reprimand to…

3741 SUMMARY SUSPENSION OF AN ADMINISTRATIVE LAW JUDGE 3741.1 Pursuant to sections 8 and 13(e) of the Act, D.C. Official Code §§ 2-1831.05 and 2-1831.10(e), the Chief Administrative Law Judge may summarily suspend an Administrative Law Judge without pay if there is cause for disc…

3742 [RESERVED] SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16,…

3743 [RESERVED] SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16,…

3744 [RESERVED] SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16,…

3745 [RESERVED] SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16,…

3746 [RESERVED] SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16,…

3747 [RESERVED] SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16,…

3748 [RESERVED] SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16,…

3749 [RESERVED] SOURCE: Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16,…