D.C. Mun. Regs. tit. 6, r. 6-B3734

Current through Register Vol. 71, No. 42, October 18, 2024
Rule 6-B3734 - FORMAL PROCEEDINGS
3734.1

If the Commission institutes a formal proceeding against an Administrative Law Judge, it shall issue a written notice to the Administrative Law Judge advising him or her that the investigation has led to the institution of a formal proceeding against him or her.

3734.2

Unless otherwise ordered by the Commission, each formal proceeding shall be titled as follows:

BEFORE THE

DISTRICT OF COLUMBIA COMMISSION ON SELECTION AND TENURE

OF ADMINISTRATIVE LAW JUDGES

In re [name of Administrative Law Judge], Formal Proceeding Against an Administrative Law Judge No.

3734.3

The notice shall be served by personal service upon the Administrative Law Judge.

3734.4

If it appears to the Chairperson of the Commission upon affidavit that, after reasonable effort for a period of ten (10) days, personal service could not be made, service may be made upon the Administrative Law Judge by mailing the notice by registered, certified, or express mail, addressed to the Administrative Law Judge at his or her Office of Administrative Hearings address and at his or her last known home address.

3734.5

The notice of formal proceeding shall specify concisely the charges and the alleged basis for the charges, and shall advise the Administrative Law Judge of the following:

(a) The right to counsel;
(b) The most severe action that the Commission proposes to take against the Administrative Law Judge if it concludes that there is cause for discipline or removal;
(c) The obligation to file a written answer within twenty (20) days of service of the notice;
(d) The person with whom the answer must be filed;
(e) The right to an evidentiary hearing; and
(f) The right to review any material that will be presented to the Commission during the formal proceeding.
3734.6

Pursuant to section 8 of the Act, D.C. Official Code § 2-1831.05, an Administrative Law Judge against whom a formal proceeding has been instituted may be placed on administrative leave at the discretion of the Chief Administrative Law Judge pending the outcome of the formal proceeding.

3734.7

An Administrative Law Judge shall file a written answer to a notice of formal proceeding within twenty (20) days of service of the notice.

3734.8

In his or her answer, an Administrative Law Judge shall raise every procedural and substantive defense or challenge and every fact or matter in extenuation, exculpation, or mitigation of which the Administrative Law Judge has knowledge or reasonably should have knowledge. Failure to include any such matter in the answer shall preclude the Administrative Law Judge from relying upon it at any point in the formal proceeding or subsequent judicial review.

3734.9

The Chairperson or the Commission may extend the time for filing an answer.

3734.10

In the interests of justice, the Commission at any time prior to its final decision in a proceeding may amend the notice of formal proceeding or may permit the answer to be amended to conform to proof or otherwise.

3734.11

The Administrative Law Judge shall be given a reasonable time to answer an amendment and to present his or her defense against any matter charged in an amendment.

3734.12

The notice of proceeding and the answer shall constitute the pleadings. No further pleadings or motions shall be filed, unless expressly authorized by the Commission.

D.C. Mun. Regs. tit. 6, r. 6-B3734

Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004)