District of Columbia Administrative Code

700 EQUAL EMPLOYMENT OPPORTUNITY 700.1 The Office of the Attorney General is an equal opportunity employer. In accordance with District of Columbia and federal anti-discrimination law, OAG shall effectuate these principles and mandates. 700.2 OAG prohibits discrimination and hara…

701 SCOPE 701.1 The policy of equal employment opportunity (EEO) and anti-discrimination applies to all aspects of the relationship between OAG and its employees, including: recruitment, employment, promotion, transfer, training, working conditions, wages and salary administratio…

702 DISSEMINATION AND IMPLEMENTATION OF POLICY 702.1 OAG shall disseminate its EEO policies regularly. Managers and supervisors are responsible for implementing equal employment practices within each division. OAG’s EEO Director and HR Manager are responsible for overall EEO comp…

703 PROCEDURES 703.1 OAG administers its EEO policy fairly and consistently by: (a) Posting all required notices regarding employee rights under EEO laws in areas highly visible to employees. (b) Advertising for job openings with the statement "We are an equal opportunity employe…

704 HARASSMENT 704.1 Harassment is a form of unlawful discrimination and violates OAG’s and the District’s EEO policy. Sexual harassment is defined as unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when: (a) Submission…

705 REMEDIES 705.1 Violations of OAG’s policy, regardless of whether an actual law has been violated, will not be tolerated. OAG shall promptly, thoroughly and fairly investigate every EEO issue that is brought to its attention and will take disciplinary action, when appropriate,…

900 APPLICABILITY AND DELEGATION OF AUTHORITY 900.1 This chapter applies to all appointments in the Excepted Service under the authority of the Attorney General. 900.2 All Excepted Service appointees shall serve at the pleasure of the Attorney General. 900.3 The Attorney General …

901 EXCEPTED SERVICE CLASSIFICATION SYSTEM AND STANDARDS 901.1 Each Excepted Service position shall be classified in its appropriate grade based on the level of difficulty, responsibility, and qualification requirements of the work. 901.2 The Attorney General may adjust the grade…

902 EXCEPTED SERVICE QUALIFICATIONS AND OTHER APPOINTMENT REQUIREMENTS 902.1 All Excepted Service appointees shall be subject to reference, credit and criminal background checks. 902.2 The Attorney General or designee shall appoint suitable individuals of moral character and dedi…

903 PAY PLAN AND PAY-FOR-PERFORMANCE SYSTEM FOR THE EXCEPTED SERVICE 903.1 An Excepted Service Pay Schedule (“ES Schedule”) is the basic pay schedule for all Excepted Service positions. 903.2 The structure and application of the ES Schedule provides flexibility in hiring and comp…

904 EXCEPTED SERVICE POSITIONS 904.1 The following are examples of Excepted Service positions: (a) Director of Community Engagement; (b) Communications Director; (c) Community Engagement Coordinator; (d) Public Affairs Specialist; (e) Any position that reports directly to the Att…

905 METHOD OF MAKING EXCEPTED SERVICE APPOINTMENTS 905.1 A person may be appointed to any position in the Excepted Service by the Attorney General non-competitively, provided that the individual appointed is well qualified for the position. SOURCE: Final Rulemaking published at 6…

906 EXCEPTED SERVICE APPOINTMENTS OF CAREER SERVICE OR LEGAL SERVICE EMPLOYEES 906.1 Any person holding a position in the Career Service or Legal Service may be detailed, temporarily promoted, temporarily transferred, or temporarily reassigned, without a break in service, to a po…

907 EMPLOYEE RIGHTS 907.1 Appointment to the Excepted Service does not create a permanent career status. 907.2 A person appointed to the Excepted Service shall serve at the pleasure of the Attorney General; may be terminated at any time, with or without a stated reason; and does …

908 RESTRICTIONS ON SUBSEQUENT APPOINTMENT TO THE CAREER, OR MANAGEMENT SUPERVISORY SERVICE 908.1 An Excepted Service appointee may not be appointed to a position in the Career or Management Supervisory during the period that begins six (6) months prior to an Attorney General pri…

909 RESIDENCY AND DOMICILE REQUIREMENTS 909.1 An Excepted Service appointed shall meet one (1) of the following criteria: (a) Be a domiciliary of the District of Columbia at the time of appointment and maintain such domicile for the duration of his or her employment; or (b) Becom…

910 RESERVED SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). District of Columbia Municipal Regulations Office of the Attorney General Personnel 6-C DCMR § 910

911 PRE-EMPLOYMENT TRAVEL, RELOCATION, AND TEMPORARY HOUSING ALLOWANCE 911.1 The Attorney General may pay to an individual being interviewed for, or an appointee to, a hard-to-fill Excepted Service position reasonable pre-employment travel expenses, relocation expenses, and a tem…

912 PERFORMANCE INCENTIVE AWARDS FOR EXCEPTED SERVICE EMPLOYEES 912.1 A performance incentive award may be awarded to an Excepted Service appointee consistent with procedures outlined in the OAG office order. SOURCE: Final Rulemaking published at 69 DCR 004202 (April 29, 2022). D…

913 SEVERANCE PAY 913.1 The Attorney General (or designee) may, in his or her discretion, provide an individual appointed to an Excepted Service position up to ten (10) weeks of severance pay at his or her rate of basic pay upon separation for non-disciplinary reasons, as follows…

914 PERFORMANCE EVALUATION SYSTEM FOR EXCEPTED SERVICE EMPLOYEES 914.1 The performance of employees in the Excepted Service shall be evaluated utilizing the performance management system found in Management Supervisory Service of these regulations. SOURCE: Final Rulemaking publis…

915 EXCEPTED SERVICE ATTORNEY REQUIREMENTS 915.1 The following requirements of Legal Service rules are applicable to each attorney appointed to the Excepted Service: (a) Attorney Certificate of Good Standing Filing (b) Annual Mandatory Training (c) Mandatory Continuing Legal Educ…

916 EXEMPT TIME OFF 916.1 Exempt time off is a benefit to an overtime exempt employee in the form of time off for extraordinary hours worked. Given the nature of public business, an employee may be required by the Attorney General to work extraordinary hours from time to time. Fo…

999 DEFINITIONS 999.1 The following definitions apply to this chapter: Excepted Service – positions identified as being statutory, transitional, public employment, special category, training, or policy positions, and authorized by §§ 901 through 908 of the CMPA (D.C. Official Cod…

100 PURPOSE 100.1 The provisions of this chapter are promulgated to implement Title 23 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (the Act) (D.C. Law 2-139; D.C. Official Code §§ 1-623.01 et seq. (2012 Repl. & 2016 Supp.)), which governs the …

101 SCOPE 101.1 The Office of Risk Management (ORM) has oversight and administrative responsibility for the Program. 101.2 All employees, contractors, sub-contractors, and agents, acting for or on behalf of the District of Columbia (the District) to implement the Program pursuant…

102 FORMS 102.1 Any notices, claims, requests, applications, or certificates that the Act or this chapter requires to be made shall be on approved forms. 102.2 All approved forms shall be obtained from the Program. 102.3 The following forms are approved: Form A-1 – Employee Reque…

103 INFORMATION IN PROGRAM RECORDS 103.1 All records relating to claims for benefits, including copies of such records maintained by an Employing Agency, are considered confidential and may not be released, inspected, copied, or otherwise disclosed except as permitted by the Free…

104 NOTICE OF INJURY; EMPLOYEE OR REPRESENTATIVE ACTION 104.1 Notice of an employee’s injury or death shall be given in accordance with Section 2319 of the Act (D.C. Official Code § 1-623.19) or § 104.6 of this chapter. Notice of recurrence of disability or medical condition shal…

105 NOTICE OF INJURY, DISEASE OR DEATH; EMPLOYING AGENCY ACTION 105.1 In accordance with Section 2320 of the Act (D.C. Official Code § 1-623.20), the immediate supervisor of an employee shall report any injury to the employee that results in the employee’s death, bodily harm, or …

106 NOTICE OF INJURY; PSWCP ACTION 106.1 (a) Promptly, after receiving notice of an employee’s injury or death, the Program shall: (1) In the event of injury, notify the employee or employee’s representative that a report of injury has been received for the employee, if the repor…

107 CONTINUATION OF PAY (COP), ELIGIBILITY 107.1 To be eligible for COP, an employee must: (a) Experience a traumatic injury; (b) Be medically unable to work due to the traumatic injury; and (c) File a notice of injury and assert a claim for COP within thirty (30) days of a traum…

108 COP, EMPLOYEE’S RESPONSIBILITIES 108.1 To file a claim for COP, the employee or employee’s representative shall: (a) Submit notice of injury pursuant to § 104 of this chapter and complete the indicated portion for COP as soon as possible, but no later than thirty (30) days af…

109 COP, EMPLOYING AGENCY’S RESPONSIBILITIES 109.1 After the employing agency learns of a work injury sustained by an employee, it shall: (a) Refer the employee to ORM’s Public Sector Workers’ Compensation website; (b) Advise the employee of the right to receive COP for any perio…

110 CONTROVERSION OF COP 110.1 COP shall not be furnished if controverted. COP may be controverted in the following situations: (a) When the traumatic injury occurred off the employing agency’s premises and the employee was not in the course of employment. For the purpose of this…

111 DETERMINATION OF COP 111.1 [REPEALED] 111.2 The final determination on entitlement to COP rests with the Program. 111.3 Nothing in this chapter shall be construed to preclude the Program from controverting COP independent of the employing agency’s action or inaction. 111.4 CO…

112 CALCULATION OF COP 112.1 Once an employee makes a claim for COP, the first three (3) days of leave must be charged to leave without pay, unless the disability: (a) Exceeds fourteen (14) calendar days; or (b) Is followed by permanent disability. 112.2 The first three (3) days …

113 TERMINATION OF COP 113.1 COP shall terminate: (a) Pursuant to Section 2318(b)(2) of the Act; (b) For the period in which it is controverted by the Agency or the Program; or (c) Upon acceptance or denial of an employee’s claim for compensation benefits. 113.2 If COP has been p…

114 LEAVE REINSTATEMENT 114.1 Once an employing agency accepts a claim for COP or the Program accepts a claim for wage-loss compensation, an employee shall not be required to use his or her sick or annual leave while the employee is not working as a result of the compensable inju…

115 CLAIM FOR PSWCP BENEFITS; CLAIMANT OR REPRESENTATIVE ACTION 115.1 The claimant or claimant’s representative shall provide all information required by the Program to make a determination on the claim. 115.2 A claim for compensation is deemed filed only upon: (a) The filing of …

116 CLAIM FOR PSWCP BENEFITS; EMPLOYING AGENCY ACTION 116.1 The employing agency shall supply all information requested by the Program. 116.2 No later than twenty-four (24) hours after the employee’s return to work, the employing agency shall complete and return Form CA3 – Employ…

117 CLAIM FOR PSWCP BENEFITS; PROGRAM ACTION - INVESTIGATIONS 117.1 The Program shall conduct any investigation that is necessary to make an initial determination (ID) of eligibility for benefits under this chapter, including directing claimants for Additional Medical Examination…

118 SUBPOENAS 118.1 The Program may issue subpoenas as part of its authority to conduct any investigation pursuant to this chapter. 118.2 Subpoenas issued pursuant to investigations authorized under this chapter may be issued for any of the following purposes: (a) To compel the a…

119 EVIDENCE AND BURDEN OF PROOF; CLAIMS 119.1 For initial claims, the forms identified in § 115 of this chapter describe the basic evidence required. The Program may send a request for additional evidence to the claimant and to his or her representative, if any; however the burd…

120 DECISIONS ON ENTITLEMENT TO BENEFITS 120.1 The Program shall make an Initial Determination (ID) on a newly filed claim within thirty (30) days of the date the claim was first filed with the Program. 120.2 The ID shall contain findings of fact and a statement of reasons. It sh…

121 DECISIONS ON ENTITLEMENT TO BENEFITS; ABEYANCE STATUS 121.1 Unless a decision is held in abeyance due to extenuating circumstances, a newly filed claim for benefits shall be deemed accepted by the Program if the Program does not issue findings and an award for or against paym…

122 MEDICAL BENEFITS AND SERVICES; GENERAL 122.1 Pursuant to Section 2303(a) of the Act (D.C. Official Code § 1-623.03(a)), the District government shall furnish to an employee or claimant who is injured while in the performance of duty the services, appliances, or supplies presc…

123 MEDICAL BENEFITS AND SERVICES; EMPLOYEE RESPONSIBILITY 123.1 (a) All medical services, appliances, or supplies provided to an injured employee or claimant must be pre-authorized by the Program in order to be paid or reimbursed by the Program, except as provided in paragraph (…

124 MEDICAL BENEFITS AND SERVICES; PROGRAM RESPONSIBILITY 124.1 The Program shall establish a Program Panel of Healthcare Providers (hereinafter the “Panel”) to furnish medical services, appliances, or supplies to District government employees or claimants who are injured while i…

125 MEDICAL BENEFITS AND SERVICES; HEALTHCARE PROVIDER RESPONSIBILITY 125.1 A healthcare provider who provides medical services, appliances, or supplies to an injured employee or claimant must comply with the provisions in this chapter. 125.2 Unless otherwise directed or required…