D.C. Mun. Regs. tit. 6, r. 6-B3701
Administrative Law Judges, other than hearing officers seeking an appointment authorized by section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)) , shall be appointed to an initial two-year term in the manner prescribed in this section.
The Commission shall have final authority to appoint Administrative Law Judges to an initial two-year term, pursuant to sections 9(b) and 11(c) of the Act (D.C. Official Code §§ 2-1831.06(b) and 2-1831.08(c) ).
The Commission shall not appoint any person as an Administrative Law Judge who does not satisfy the qualifications prescribed in section 3703 or other applicable law.
All vacant Administrative Law Judge positions shall be advertised in a portion of a daily or weekly periodical that is likely to be seen by highly qualified public and private sector attorneys in the District of Columbia who are seeking or considering positions as attorneys or Administrative Law Judges in the District of Columbia Government, except for:
In considering appointments subject to this section, the Commission may be assisted by an initial review panel appointed in conformity with sections 3701.7 to 3701.16. Any initial review panel shall follow the procedures set forth in sections 3701.17 to 3701.24, and, if it uses an initial review panel, the Commission shall follow the procedures set forth in sections 3701.25 to 3701.26. Alternatively, the Commission may proceed in any other manner consistent with the Due Process Clause of the Fifth Amendment to the United States Constitution, but all appointments must be approved by a majority of the voting members of the Commission.
Neither the Commission nor any initial review panel shall discriminate in any manner prohibited by the Constitution or by federal or District of Columbia law.
An initial review panel shall consist of at least five and no more than seven members.
The Chief Administrative Law Judge shall be a member of every initial review panel, or may designate an Administrative Law Judge to act for him or her on any initial review panel.
Upon request, any member of the Commission may be a member of an initial review panel.
Other members of an initial review panel may be Administrative Law Judges, members of the District of Columbia Bar who are familiar with trial-level litigation (including members in private practice, in government service or in teaching positions), non-lawyer members of the public experienced, in issues likely to come before the Office, and non-lawyer senior management officials of agencies whose cases are adjudicated by the Office.
No person may serve as a member of an initial review panel if he or she is personally representing a party in any matter pending before the Office. In addition, any person who serves on an initial review panel may not appear as an attorney or otherwise participate in any professional or representative capacity in any matter pending before the Office until one year after the completion of his or her service on the initial review panel. This subsection does not prohibit any Administrative Law Judge or any other employee of the Office from performing his or her assigned duties.
[RESERVED]
If one or more vacancies exist, and an initial review panel is to be used, the Chief Administrative Law Judge shall file with the Commission a list of proposed members of an initial review panel for a specific vacancy or vacancies. The Chief Administrative Law Judge shall specify the number of vacancies for which each individual review panel is to be formed.
Each person named in the list submitted by the Chief Administrative Law Judge may become a member of an initial review panel if a majority of the voting members of the Commission approves such person.
Any voting member of the Commission who disapproves of any proposed member of an initial review panel shall file a written statement to that effect with the Commission within ten days of the filing of the list with the Commission.
Any person who has not been disapproved by a majority of the voting members of the Commission within fifteen (15) days of the filing of his or her name with the Commission shall be deemed to be approved by the Commission as a member of an initial review panel.
An initial review panel shall review the applications of all persons for the vacancy or vacancies for which the panel has been formed.
Based upon the applicants' written submissions, the initial review panel shall select the most highly qualified applicants from the group for interviews.
An initial review panel may conduct one or more rounds of interviews. A majority of the members of each initial review panel shall be present for an interview of any applicant. If an initial review panel member is not present for a final round interview of any applicant, he or she may not vote or otherwise participate in the initial review panel's decision to forward applications to the Commission pursuant to sections 3701.20 through 3701.24, but he or she may participate in the deliberations of the individual review panel leading to that decision.
For each vacancy for which it was formed, an initial review panel may forward to the Commission the applications of one or more applicants whom it determines to be highly qualified to serve as an Administrative Law Judge.
[RESERVED]
In deciding which applications, if any, should be forwarded to the Commission, an initial review panel shall consider the candidates' legal knowledge, judgment, analytical skills, the amount and the quality of their experience in the practice of law, their judicial temperament and character, their case management skills, and their ability to contribute to the mission of OAH.
An initial review panel shall not forward to the Commission the application of any candidate who does not satisfy the qualifications prescribed in the Act and in section 3703.
An initial review panel shall not forward to the Commission the application of any applicant who fails to submit:
The Commission shall consider all applications forwarded to it by an initial review panel. The Commission shall interview all candidates whose names are forwarded by an initial review panel and may interview any other qualified candidate upon the vote of a majority of the voting members. At least two voting members of the Commission shall attend any interview of an applicant.
For any vacancy, the Commission may appoint a candidate from among the candidates it has interviewed for that vacancy. In making its decision, the Commission shall evaluate the candidates' legal knowledge, judgment, analytical skills, the amount and the quality of their experience in the practice of law, their judicial temperament and character, their case management skills, and their ability to contribute to the mission of OAH. The Commission may decide not to appoint any of the candidates forwarded to it by an initial review panel.
For a candidate to be appointed, a majority of the voting members of the Commission must vote in favor of the appointment.
Any person appointed by the Commission to an initial two-year term pursuant to this section shall enter onto duty no later than 60 days after his or her receipt of written notice of the appointment, and his or her term shall commence on the date of his or her entry onto duty.
For good cause, and upon request of the appointee, the Commission may extend the 60-day deadline established in section 3701.28 for a single period of 30 days.
If a person appointed by the Commission does not enter onto duty within the deadline provided in sections 3701.28 and 3701.29, the appointment shall expire and the appointee's position shall be deemed to be vacant.
D.C. Mun. Regs. tit. 6, r. 6-B3701