District of Columbia Administrative Code

620 DISCOVERY 620.1 Parties may obtain discovery by one (1) or more of the following methods: Depositions upon oral examination or written questions; Written interrogatories; (c) Requests for production of documents or things for inspection and other purposes; and (d) Requests fo…

621 SUBPOENAS 621.1 Application for issuance of a subpoena requiring a person to appear and testify at a specific place and time shall be made in writing to the Administrative Judge. All requests for subpoenas ad testificandum shall clearly identify the person subpoenaed and thei…

622 SANCTIONS 622.1 The Administrative Judge may impose sanctions upon the parties as necessary to serve the ends of justice, including, but not limited to, the instances set forth in this section. 622.2 If a party fails to comply with an order for taking a deposition, the produc…

623 DISQUALIFICATION OF ADMINISTRATIVE JUDGE 623.1 If an Administrative Judge deems themselves disqualified to preside in a particular case, they shall withdraw by notice, on the record, and shall notify the Executive Director of their withdrawal. 623.2 At any time following the …

624 SANCTIONS 624.1 The Administrative Judge may impose sanctions upon the parties as necessary to serve the ends of justice in instances including, but not limited to, those set forth in this section. 624.2 If a party fails to comply with an order or ruling, the Administrative J…

625 EX PARTE COMMUNICATIONS 625.1 An ex parte communication which involves the merits of the case is prohibited. 625.2 In the event of a prohibited communication, the Administrative Judge shall describe the occurrence on the record with notice to the parties by filing a memorandu…

626 PREHEARING CONFERENCES 626.1 The Administrative Judge may convene a prehearing conference to consider: (a) Simplification, clarification, compromise, or settlement of the issues; (b) Necessary amendments to the pleadings; (c) Stipulations, admissions of fact, and the contents…

627 EVIDENTIARY HEARINGS 627.1 A party may request the opportunity for an evidentiary hearing to adduce testimony to support or refute any fact alleged in a pleading. 627.2 If the Administrative Judge grants a request for an evidentiary hearing, or makes a determination that one …

628 RECORDING AND TRANSCRIPTS 628.1 Evidentiary hearings shall be recorded verbatim under the supervision of the Administrative Judge and shall be the sole official record of the proceeding. 628.2 A transcript or, if the record was not transcribed, a copy of the recording may be …

629 PRESENTATION OF EVIDENCE OR WITNESSES 629.1 All material and relevant evidence or testimony shall be admissible but may be excluded if it is unduly repetitious. 629.2 During an evidentiary hearing, a party shall be entitled to present their case or defense by oral, documentar…

630 WITNESSES 630.1 Every person shall be competent to be a witness as to any material matter, unless the Administrative Judge finds that the proposed witness is incapable of: Expressing themself concerning the matter in a manner which can be understood by the Administrative Judg…

631 BURDEN OF PROOF 631.1 The burden of proof for material issues of fact shall be by a preponderance of the evidence. 631.2 For appeals filed under § 604.1, the employee shall have the burden of proof as to issues of jurisdiction, including timeliness of filing. The agency shall…

632 CLOSING THE RECORD 632.1 When an evidentiary hearing has been provided, the record shall be closed at the conclusion of the hearing, unless the Administrative Judge directs otherwise. When no evidentiary hearing has been provided, the record shall be closed on the date that t…

633 RE-OPENING THE RECORD; TERMINATION OF JURISDICTION 633.1 The Administrative Judge may reopen the record to receive further evidence or argument at any time prior to the issuance of the Initial Decision in accordance with § 633. 633.2 The jurisdiction of an Administrative Judg…

634 INITIAL DECISIONS 634.1 For appeals filed pursuant to § 604.1, the Administrative Judge shall issue an Initial Decision no later than one hundred twenty (120) business days after the employee files a complete Petition for Appeal; Provided, that the Administrative Judge may ex…

635 FINALITY OF DECISIONS 635.1 This section shall apply to Initial Decisions for appeals filed pursuant to § 604.1. Initial Decisions issued for appeals filed pursuant to § 604.3 shall be subject to the requirements of § 636. 635.2 The Initial Decision shall become final thirty-…

636 FINALITY OF DECISIONS FOR SAFETY-SENSITIVE DESIGNATION APPEALS 636.1 This section shall apply to Initial Decisions for appeals filed pursuant to § 604.3. 636.2 An Initial Decision concerning a safety-sensitive designation shall become final fifteen (15) business days after is…

637 PETITIONS FOR REVIEW 637.1 This section shall apply to Initial Decisions for appeals filed pursuant to § 604.1. Petitions for Review in appeals filed pursuant to § 604.3 shall be subject to the requirements of § 638. 637.2 Any party to the proceeding may serve and file one (1…

638 PETITIONS FOR REVIEW FOR SAFETY-SENSITIVE DESIGNATION APPEALS 638.1 This section shall apply to Petitions for Review in appeals filed pursuant to § 604.3. 638.2 Any party to the proceeding may serve and file a Petition for Review of an initial designation decision with the Bo…

639 ATTORNEY FEES 639.1 An employee shall be entitled to an award of reasonable attorney fees if: (a) The employee is a prevailing party; and (b) The award is warranted in the interest of justice. 639.2 Unless the Administrative Judge directs otherwise, a request for attorney fee…

640 COMPLIANCE AND ENFORCEMENT 640.1 For appeals filed pursuant to § 604.1, the District agency shall comply with the Office's final decision within thirty (30) calendar days from the date the decision becomes final unless the Office's final decision is appealed to the Superior C…

641 RECUSAL OF BOARD MEMBERS 641.1 A Board member shall recuse themself from participating in any proceeding in which their impartiality may reasonably be questioned. Reasons for recusal include, but are not limited to: A personal bias or prejudice concerning a party; Personal kn…

699 DEFINITIONS 699.1 When used in this chapter, the words and phrases set forth in this section shall have the following meanings: Administrative Judge - an attorney, licensed to practice law in the District of Columbia, who is authorized by the Office of Employee Appeals (OEA) …

700 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

701 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

702 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

703 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

704 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

705 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

706 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

707 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

708 REPEALED SOURCE: Final Rulemaking published at 27 DCR 5038 (November 14, 1980); as amended by Final Rulemaking published at 30 DCR 4604 (September 9, 1983); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Go…

800 RESERVED SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 59 DCR 5388 (July 13, 2012); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government…

801 RESERVED SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 801

802 RESERVED SOURCE: Final Rulemaking 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 55 DCR 7731 (July 18, 2008); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-…

803 RESERVED SOURCE: Final Rulemaking published at 55 DCR 7731(July 18, 2008); as amended by Final Rulemaking at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel …

804 RESERVED SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 804

805 RESERVED SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 805

806 RESERVED SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 806

AGE REQUIREMENTS AND LIMITS For initial appointment to a firefighter/EMT or firefighter/paramedic position in the Fire and Emergency Medical Services Department (FEMSD), an applicant shall have reached his or her nineteenth (19th) birthday as of the date of application. There sha…

CITIZENSHIP REQUIREMENTS Appointments to uniformed positions in the Metropolitan Police Department and Fire and Emergency Medical Services Department shall be limited to persons who are citizens of the United States. SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 20…

RETURNING FROM DISABILITY (POLICE AND FIREFIGHTERS) 809.1 An employee covered by § 228.1(c) who was retired by the Police and Firefighters’ Retirement and Relief Board (the Board), who has not reached the age of fifty (50) years, and who overcomes the disability for which he or s…

810 PROBATION 810.1 Notwithstanding § 200.4, and except for § 225.3(a) and (c), the probationary rules at §§ 223 – 227 shall apply to uniformed members of the Metropolitan Police Department (MPD) and the Fire and Emergency Medical Services Department (FEMS). Service credit toward…

811 EXTENDING PROBATION 811.1 The personnel authority shall extend the probationary period required by § 810.2 for: Each workday that the employee is placed in a non-pay status for any reason; Each workday an entry-level police officer, who is serving an eighteen (18) month proba…

812 TERM AND TEMPORARY APPOINTMENTS 812.1 Notwithstanding § 200.4, and except for rules relating to the Educational Service, the term and temporary appointment rules at § 209 shall apply to uniformed members of the Metropolitan Police Department (MPD) and the Fire and Emergency M…

813 RESERVED SOURCE: Final Rulemaking published at 49 DCR 6842 (July 19, 2002); as amended by Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 54 DCR 9556 (October 5, 2007); as amended by Final Rulemaking published at 55 DCR…

814 RESERVED SOURCE: Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 814

815 RESERVED SOURCE: Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 815

816 REINSTATEMENT ELIGIBILITY 816.1 Former uniformed members of the Fire and Emergency Medical Services Department and the Metropolitan Police Department shall have reinstatement eligibility provided they meet all of the following requirements: The former member previously comple…

817 RESERVED SOURCE: Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 68 DCR 2869 (March 19, 2021). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 817