D.C. Mun. Regs. tit. 6, r. 6-B3738

Current through Register Vol. 71, No. 42, October 18, 2024

Rule 6-B3738 - SUMMARY SUSPENSION UPON COMMENCEMENT OF CRIMINAL PROCEEDINGS

3738.1

Notwithstanding any other provision of this chapter, the Commission shall suspend an Administrative Law Judge with pay if it has probable cause to believe any of the following:

(a) The Administrative Law Judge has been indicted for any crime that is or would be a felony under federal or District of Columbia law;

(b) A criminal proceeding has been commenced in any court alleging that the Administrative Law Judge has committed any crime that bears a relationship to his or her position as an Administrative Law Judge; or

(c) A criminal proceeding has been commenced in any court alleging that the Administrative Law Judge has committed any crime of dishonesty within the meaning of D.C. Official Code § 14 -305.

3738.2

To suspend an Administrative Law Judge with pay pursuant to section 3738.1, the Commission shall serve a written notice of suspension upon the Administrative Law Judge. The notice shall inform the Administrative Law Judge of the following:

(a) The reason for the suspension;

(b) The beginning date of the suspension;

(c) The Administrative Law Judge's right to file a written response within ten (10) days of service; and

(d) The right to counsel.

3738.3

Within ten (10) days of service of the notice of summary suspension, the Administrative Law Judge may file a written response. The response shall address only whether the Administrative Law Judge has been indicted for a felony, or whether a criminal proceeding described in section 3738.1(b) or (c) has been commenced against him or her. The response shall not address the merits of the underlying charges.

3738.4

The Commission promptly shall review any response filed by the Administrative Law Judge. After such review, if the Commission finds that the preponderance of the evidence does not establish that the Administrative Law Judge has been indicted for a felony or that a criminal proceeding described in section 3738.1(b) or (c) has been commenced against him or her, it shall vacate the summary suspension forthwith. Otherwise, the summary suspension shall remain in effect pending the final outcome of the criminal proceedings. The Commission shall not address the merits of the underlying charge.

D.C. Mun. Regs. tit. 6, r. 6-B3738

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)