305.1 The Director shall annually verify employees' compliance with the residency requirements established in §§ 301 and 302 at both subordinate agencies and independent agencies.
(a) Residency shall be verified electronically with data from the DMV and based on income tax withholding data maintained in the applicable human resources information system.(b) At his or her discretion, the Director may conduct more frequent verifications than required by this subsection.305.2 In addition to the electronic verification established pursuant to § 305.1, the Director shall establish additional annual auditing criteria for verifying residency, which may include physical verification that employees possess a valid DMV-issued driver's license or non-driver identification.
305.3 The additional auditing criteria specified in § 305.2 shall be applied annually to at least:
(a) Twenty percent (20%) of randomly selected subordinate agency employees who are required to maintain District residency; and(b) All employees in at least three (3) randomly selected independent agencies or instrumentalities.305.4 The Director may apply any additional auditing and investigatory techniques deemed appropriate to adequately verify District residency.
305.5 Whenever the Director determines that an employee is not in compliance with District residency requirements, the Director shall take the following steps:
(a) For a subordinate agency employee, the Director shall separate the employee in accordance with the procedures established in § 306; and(b) For an employee in an independent agency, t he Director shall notify the applicable personnel authority of his or her findings and, if the employee is found not in compliance with District residency requirements, the applicable personnel authority shall separate the employee in accordance with the procedures adopted by the relevant personnel authority.D.C. Mun. Regs. tit. 6, r. 6-B305
As amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); and as amended by Final Rulemaking published at 51 DCR 9309 (October 1, 2004); as amended by Final Rulemaking at 56 DCR 3667 (May 8, 2009); amended by Final Rulemaking published at 62 DCR 11889 (8/28/2015); amended by Final Rulemaking published at 67 DCR 889 (1/31/2020)Authority: The Director, D.C. Department of Human Resources, and the Chief, Metropolitan Police Department, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008, and in accordance with sections 801(e), 859(a), 906(f), and 957 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-608.01(e), 1-608.59(a), 1-609.06(f), and 1-609.57) (2006 Repl.), D.C. Law 17-108, the Jobs for D.C. Residents Amendment Act of 2007 (Act), effective February 6, 2008 (D.C. Act 17-172; 54 DCR 10993, November 16, 2007), and Council Resolution No. 18-75, deemed approved on April 2, 2009.