District of Columbia Administrative Code

251 ESTABLISHMENT OF THE COMPENSATION ORDER REVIEW BOARD 251.1 Pursuant to Administrative Policy Issuance No. 05-01 (February 5, 2005), the Director established the Compensation Order Review Board to which the Director delegated and assigned the administrative review authority fo…

252 COMPOSITION OF THE COMPENSATION ORDER REVIEW BOARD 252.1 The Board shall be composed of five members, consisting of the Chairperson/Chief Administrative Appeals Judge (hereinafter, Chief Administrative Appeals Judge), and four Associate Administrative Law/Appeals Judges (here…

253 INTERIM APPOINTMENTS 253.1 In the event the Chief Administrative Appeals Judge is temporarily disabled or unavailable to perform his or her duties, the Chief Administrative Appeals Judge shall designate a member of the Board to serve as Acting Chief Administrative Appeals Jud…

254 CONFLICT OF INTEREST 254.1 During any period in which the Chief Administrative Appeals Judge and other members serve on the Board, they shall be subject to conflict of interest and other appropriate ethical restraints. 254.2 Notice of any objection which a party may have to a…

255 REVIEW PANELS 255.1 Subject to and consistent with the provisions of D.C. Official Code § 32-1521.01, subsections (b), (c) and (d), the Board shall sit, review appeals, render decisions, and perform all other delegated and related functions in Review Panels of three members. …

256 OFFICE OF THE CLERK 256.1 Except as otherwise provided by these regulations, the filing and submission of Applications for Review, pleadings, motions and all other written communications with the Board shall be addressed to Clerk of the Board. 256.2 Ex parte communications be…

257 FILINGS WITH THE BOARD 257.1 Filings with the Board of any permitted pleading, including the Application for Review, shall be deemed effective upon actual receipt by the Office of the Clerk. 257.2 Filings will be accepted by U.S. mail, commercial overnight delivery, inter-gov…

258 APPLICATION FOR REVIEW 258.1 Any party adversely affected or aggrieved by a compensation order or final decision issued by the Administrative Hearings Division or the Office of Workers' Compensation may appeal the compensation order or final decision to the Board by filing an…

259 TRANSMISSION OF THE OFFICIAL RECORD 259.1 Simultaneously with the issuance of the Notice of Application for Review under section 258.5 of these rules, the Clerk of the Board shall direct the custodian of the record to immediately forward to the Board the official evidentiary …

260 STAYS OF COMPENSATION 260.1 The filing of an Application for Review shall not stay the effectiveness of a compensation order nor the payment of any amount ordered by it pending review by the Board. 260.2 Upon application by the employer the Board may stay a compensation order…

261 COMPENSATION ORDER REVIEW BOARD RULES OF GENERAL APPLICATION 261.1 These Rules shall not be construed to extend or limit the jurisdiction or authority of the Board. 261.2 Chapter 7 DCMR sections 265 to 271 sets forth the Compensation Review Board Rules of Practice and Procedu…

262 COMPENSATION REVIEW BOARD RULES OF PRACTICE AND PROCEDURE 262.1 Within seven (7) working days of the filing of the Application for Review, the Chief Administrative Appeals Judge shall assign the appeal to a Compensation Review Panel (hereinafter Review Panel), which may inclu…

263 ORAL ARGUMENT 263.1 Where oral argument is ordered, the parties shall be provided a minimum of ten (10) calendar days notice, in writing, of the scope of argument, including the issues to be addressed, and of the time when, and place where, oral argument will be held. 263.2 O…

264 SUBMISSION OF ADDITIONAL EVIDENCE 264.1 Where a party requests leave to adduce additional evidence the party must establish: (a) that the additional evidence is material, and (b) that there existed reasonable grounds for the failure to present the evidence while the case was …

265 MOTIONS 265.1 An application to the Board for an order (other than a final decision and order) shall be by motion in writing (original and three copies). 265.2 A motion shall state with particularity the grounds therefore, including any legal support, and shall set forth the …

266 STANDARDS OF REVIEW 266.1 The Board is not empowered to engage in a de novo proceeding or unrestricted review of a case brought before it, and is limited in its review to the record on appeal. 266.2 In reviewing the compensation orders issued by the Administrative Hearings Di…

267 DECISION OF THE REVIEW PANEL 267.1 The designated Review Panel shall dispose of the matter under review, utilizing the standards of review contained in section 266 of this Chapter, by issuing a decision: (a) affirming the compensation order or final decision; (b) reversing it…

268 RECONSIDERATION 268.1 Any party may, within ten (10) calendar days from the date shown on the certificate of service of the Decision and Order of the Board or of any order issued by the Board, file a request for reconsideration thereof with the Clerk of the Board. 268.2 A rec…

269 ATTORNEY FEES 269.1 No legal fee for services rendered on behalf of a claimant in the successful pursuit or successful defense of an award shall be valid unless approved pursuant to 7 DCMR section 109 in the case of Public Sector appeals or 7 DCMR section 224 in the case of P…

270 JUDICIAL REVIEW 270.1 Any party adversely affected by a final decision of the Compensation Order Review Board may file an appeal thereof with the District of Columbia Court of Appeals within the time prescribed by the Rules of the Court. 270.2 A request for reconsideration of…

271 DEFAULT IN THE PAYMENT OF COMPENSATION 271.1 In the event of default by an employer in the payment of compensation awarded pursuant to a Decision and Order issued by the Board, a request by the party to whom such compensation is payable for a declaration of such default, for …

299 DEFINITIONS 299.1 The definitions found in §2 of the Act [§36-301, D.C. Code, 1981 ed.], shall apply to this chapter. In addition, the following terms shall have the meaning ascribed: Act - the District of Columbia Workers' Compensation Act, as amended, (D.C. Law 3-77, effect…

2000 APPLICABILITY 2000.1 These rules shall apply to all agencies.

2001 RESPONSIBILITY 2001.1 The head of each agency shall be responsible for complying with the Act and this Chapter. 2001.2 The Department of Employment Services shall be responsible for the administration of the District government's Occupational Safety and Health Program.

2002 ACCIDENT REPORTING AND RECORD KEEPING 2002.1 The Office of Occupational Safety and Health (hereinafter referred to as "Office") shall investigate and take prompt action in all accidents involving fatalities, serious injuries or expensive property damage, estimated at one tho…

2003 SAFETY STANDARDS AND INSPECTION REQUIREMENTS 2003.1 Each agency shall be subject to safety standards and inspection requirements prescribed by the Office in compliance with the following standards and codes: (a) D.C. Fire Code; Provided, that nothing in this subsection shall…

2004 SAFETY TRAINING 2004.1 The agency shall comply with safety training requirements as prescribed by the Department of Employment Services.

2005 FIRE SAFETY 2005.1 Each agency shall comply with the following fire safety program requirements: (a) Development of fire evacuation plans for all city owned and leased facilites; (b) Appointment and training of appropriate staff for fire evacuation programs; (c) Posting of f…

2006 MOTOR VEHICLE SAFETY 2006.1 Each agency shall be responsible for the maintenance of a motor vehicle safety program which will include the following: (a) Driver identification cards; (b) Physical examinations; (c) Driver training, including annual refresher and remedial cours…

2007 SAFETY AWARDS REQUIREMENTS 2007.1 Each agency head shall ensure that employees who qualify for special recognition with regard to the matters covered in this chapter are either granted, or recommended for appropriate incentive awards. 2007.2 Each agency or office within an a…

2008 COMPLIANCE 2008.1 The Department of Employment Services shall have the authority to do the following: (a) To ensure compliance with the law, and these rules; and (b) To initiate necessary corrective action through appropriate audits and inspections.

2009 PROTECTION OF EMPLOYEE RIGHTS 2009.1 Employees have a right, to the maximum extent possible, to a safe and healthful working environment. 2009.2 Any employee in exercising this right may, without fear of reprisal, report an unsafe or unhealthful working condition or practice…

2099 DEFINITIONS 2099.1 When used in this Chapter, the following terms shall have the meaning ascribed: Act - Title 20, D.C. Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139). Agency - any District of Columbia Government agency and instrumentality thereof. Off…

2500 RULES AND PROCEDURE; PURPOSE 2500.1 The purpose of this chapter is to establish rules and procedures for the efficient and uniform administration of retirement, disability, and annuity eligibility determinations pursuant to the Policemen and Firemen’s Retirement and Disabili…

2501 THE BOARD 2501.1 As provided by law, the Police and Firefighters’ Retirement and Relief Board shall be composed of the following members: (a) One Board member and one or more alternate Board members appointed by the Mayor from each of the: D.C. Department of Human Resources;…

2502 APPLICABILITY 2502.1 Unless otherwise provided, the rules set forth in this chapter are applicable to all survivor benefits eligibility, retirement, and disability proceedings before the Board. 2502.2 Nothing in these rules shall preclude the Board from issuing any orders th…

2503 JURISDICTION 2503.1 The Board has jurisdiction to consider any of the following: The retirement and related cases of members and retired members of the Metropolitan Police and Fire and Emergency Medical Services Departments, the United States Park Police, and those eligible …

2504 SERVICE OF PAPERS, METHODS, PROOF 2504.1 All written communications by parties pertaining to a particular case before the Board shall be filed with the Police and Firefighters’ Retirement and Relief Board through the D.C. Department of Human Resources at the agency’s address…

2505 EVIDENTIARY HEARINGS; NOTICE 2505.1 Members referred for disability retirement benefits and former members seeking modification of disability retirement benefits shall be afforded an evidentiary hearing before the Board, unless this right is affirmatively waived in writing. …

2506 [REPEALED] SOURCE: Final Rulemaking published at 69 DCR 009515 (July 29, 2022). District of Columbia Municipal Regulations Employment Benefits 7 DCMR § 2506 AUTHORITY: DC-DCMR Section 122(c) of the Policemen and Firemen’s Retirement and Disability Act, approved September 3, …

2507 [REPEALED] SOURCE: Final Rulemaking published at 69 DCR 009515 (July 29, 2022). District of Columbia Municipal Regulations Employment Benefits 7 DCMR § 2507 AUTHORITY: DC-DCMR Section 122(c) of the Policemen and Firemen’s Retirement and Disability Act, approved September 3, …

2508 REPRESENTATION 2508.1 A member, former member, or applicant appearing before the Board at a hearing shall have the right to be represented by an attorney or a non-legal representative of their own choosing and at their own expense. 2508.2 If it appears to the Board that the …

2509 [REPEALED] SOURCE: Final Rulemaking published at 69 DCR 009515 (July 29, 2022). District of Columbia Municipal Regulations Employment Benefits 7 DCMR § 2509 AUTHORITY: DC-DCMR Section 122(c) of the Policemen and Firemen’s Retirement and Disability Act, approved September 3, …

2510 SUBPOENAS 2510.1 The Board, on its own initiative or upon written request of an applicant, retiree, or his or her designated representative, may issue subpoenas to compel witnesses to appear and testify or to produce records, papers, books or other documents with regard to m…

2511 EVIDENCE 2511.1 Evidence shall be taken in conformity with §§1-1509(b) and 4-533, D.C. Code, 1981 ed. 2511.2 All medical information shall be received by the Board at least fifteen (15) days prior to the date of the hearing to allow for an evaluation by the Board of Police a…

2512 TRANSCRIPT OF HEARING 2512.1 Hearings shall be recorded under the supervision of the Board. AUTHORITY: DC-DCMR Section 122(c) of the Policemen and Firemen’s Retirement and Disability Act, approved September 3, 1974 (88 Stat. 1041; D.C. Official Code 5-722), and Mayor’s Order…

2513 MAINTENANCE OF DECORUM AND GOOD ORDER 2513.1 Decorum and good order shall be maintained at all times during hearings, and the Chairperson may, in the enforcement thereof, exclude or have removed from the hearing room any person violating any reasonable order of the Chairpers…

2514 CONSIDERATION OF CASES BY THE BOARD, EXCEPT FOR D.C. POLICE OFFICERS AND FIREFIGHTERS HIRED AFTER FEBRUARY 15, 1980 2514.1 This section shall apply to consideration of cases by the Board, .except for D.C. Police Officers. 2514.2 In considering the cases presented to the Boar…

2515 DISABILITY ANNUITY DETERMINATIONS 2515.1 This section shall apply to matters involving members of the D.C. Metropolitan Police Department and the D.C. Fire and Emergency Medical Services Department, who were hired after February 15, 1980. 2515.2 Any disability annuity shall …

2516 APPEARANCE BY PERSONS APPLYING FOR RETIREMENT 2516.1 Each person appearing before the Board for retirement consideration shall be given full opportunity to present the testimony under oath or affirmation, and to produce the witnesses to give testimony under oath or affirmati…