District of Columbia Administrative Code

570 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

571 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

572 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

573 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

574 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

575 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

576 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

577 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

578 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

579 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

580 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

581 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

582 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

583 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

584 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

585 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

586 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

587 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

588 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

589 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

590 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

591 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

592 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

593 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

594 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

595 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

596 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

597 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

598 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

599 DEFINITIONS 599.1 As used in this chapter, the following terms and phrases must have the meanings ascribed: Agency - Any unit of the Government of the District of Columbia required by law, by the Mayor of the District of Columbia, or by the Council of the District to administ…

600 GENERAL 600.1 The Office of Employee Appeals (Office) is an independent administrative adjudicatory agency created by the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-606.01 et seq.…

601 ORGANIZATIONAL STRUCTURE 601.1 The Board of the Office (Board) is composed of five (5) members appointed by the Mayor and confirmed by the District of Columbia Council. Three (3) members of the Board shall constitute a quorum for the transaction of official business and the i…

602 SCOPE OF RULES 602.1 These rules govern the procedure for deciding cases filed before the Office. These rules shall be applied to promote justice, fairness, and economy. 602.2 These rules shall apply to all appeals filed on or after the effective date of these rules and to al…

603 COMPUTATION OF TIME 603.1 In computing the number of days allowed for complying with any deadline as instructed by an Administrative Judge, the first day counted is the day after the event from which the time period begins to run. If the last day of the time period is a Satur…

604 JURISDICTION 604.1 Except as otherwise provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01 et seq. (2016 Repl. & 2019 Supp.)) or § 604.3, any District of Columbia go…

605 NOTICE OF APPEAL RIGHTS 605.1 When an agency issues a final decision to an employee on a matter appealable to the Office pursuant to §604.1, the agency shall at the same time provide the employee with a written copy of the following: (a) The Employee’s right to appeal to the …

606 NOTICE AND PROCEDURAL REQUIREMENTS FOR SAFETY-SENSITIVE DESIGNATION APPEALS 606.1 If a position is designated by the personnel authority as safety-sensitive, the agency shall: Include the designation in any description of the position, including a job description utilized for…

607 MEDIATION PROGRAM 607.1 All appeals from adverse actions filed pursuant to §604.1 shall be subject to mandatory mediation. 607.2 The Office shall exert every possible effort to resolve matters by mediation, to the extent possible, rather than through litigation. 607.3 The Exe…

608 FILING REQUIREMENTS 608.1 To initiate an appeal of a final agency decision pursuant to § 604.1, an employee shall file a Petition for Appeal with the Office. 608.2 To initiate an appeal of a safe-sensitive designation pursuant to § 604.3, an employee shall file a Petition for…

609 PETITIONS FOR APPEAL 609.1 A Petition for Appeal filed pursuant to § 604.1 shall be: (a) Filed on the form approved by the Office; or (b) In writing and contain the following information: (1) The name of the employee; (2) The name of the agency which took the adverse action; …

610 PREMATURE FILINGS 610.1 A Petition for Appeal filed with the Office shall be considered a premature filing if it is filed before the effective date of the adverse action, or before the agency issues a final agency decision. 610.2 An Administrative Judge (or designee) will rev…

611 INCOMPLETE FILINGS 611.1 The Office may consider the filing of a Petition for Appeal or a Petition for Appeal of a Safety-Sensitive Designation incomplete until the employee provides all of the information required under § 609. 611.2 If the employee fails to provide the infor…

612 ANSWER 612.1 The Office shall promptly send a copy of the Petition for Appeal to the agency, and the agency shall file an answer within thirty (30) days of the service of the Petition for Appeal. 612.2 An agency’s answer in which the allegations of a Petition for Appeal are c…

613 MOTIONS 613.1 Except where the Administrative Judge permits an oral motion hearing, motions shall be in writing, filed with the Office, and served upon the parties in accordance with § 608.9. 613.2 Motions shall state the particular order, ruling, or action requested and the …

614 CONSOLIDATION AND JOINDER 614.1 If an employee has two (2) or more appeals pending before the Office, the Administrative Judge may consolidate the appeals and adjudicate them as one (1) action. 614.2 If two (2) or more employees have appeals involving similar or identical iss…

615 REPRESENTATION 615.1 In any proceeding before the Office, the employee may appear on their own behalf, through an attorney, through a union representative, or through any other competent individual. 615.2 For appeals filed pursuant to § 604.1, the agency may appear before the…

616 INTERVENTION 616.1 Any person or District government agency may seek to intervene in an appeal by filing a motion. The motion shall state why the person or agency believes intervention is warranted. After allowing the original parties a reasonable period of time to respond, t…

617 SUBSTITUTION 617.1 If an employee dies while the appeal is pending before the Office, and the interest of the deceased employee has not terminated because of the death, the Administrative Judge, upon motion, may order substitution of the proper parties. A motion for substitut…

618 SUMMARY DISPOSITION 618.1 The Administrative Judge may, after notifying the parties and giving them an opportunity to submit additional evidence or legal argument, render a summary disposition of the matter without further proceedings if, upon examination of the record in an …

619 INTERLOCUTORY APPEALS 619.1 The Administrative Judge may permit an interlocutory appeal if they determine that the issue presented is of such importance to the proceeding that it requires the Board’s immediate consideration. 619.2 A party seeking review by interlocutory appea…