D.C. Mun. Regs. tit. 6, r. 6-B3741

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

Rule 6-B3741 - SUMMARY SUSPENSION OF AN ADMINISTRATIVE LAW JUDGE

3741.1

Pursuant to sections 8 and 13(e) of the Act, D.C. Official Code §§ 2-1831.05 and 2-1831.10(e), the Chief Administrative Law Judge may summarily suspend an Administrative Law Judge without pay if there is cause for discipline or removal pursuant to section 3729 and the Administrative Law Judge's conduct:

(a) Threatens the integrity of the Office's operations; or

(b) Constitutes an immediate hazard to the Office or its employees, to the Administrative Law Judge, or to the public.

3741.2

Any summary suspension imposed by the Chief Administrative Law Judge may last no longer than nine (9) days.

3741.3

An Administrative Law Judge who is notified by a written or oral directive of a summary suspension shall immediately leave his or her duty station and the premises of the Office.

3741.4

With a reasonable time after the summary suspension, but no later than 48 hours thereafter, the Chief Administrative Law Judge shall serve upon the Administrative Law Judge a written notice that includes all of the following information:

(a) A statement of the reasons for the summary suspension;

(b) The effective date of the summary suspension and its duration;

(c) A statement that the Administrative Law Judge has the right to review any material upon which the summary suspension was based;

(d) A statement of the Administrative Law Judge's right to present a written response for review by the Commission; and

(e) Any other information required by the Due Process Clause of the Fifth Amendment.

3741.5

Within forty-eight (48) hours after receipt of the notice required by section 3741.4, the Administrative Law Judge may file with the Commission a written response to the notice. That response shall raise every defense, fact, or matter in extenuation, exculpation, or mitigation of which the Administrative Law Judge has knowledge or reasonably should have knowledge that is relevant to the determination of cause or the legality of the summary suspension. An Administrative Law Judge's failure to file a response within the deadline established by this subsection shall constitute a waiver of all rights to challenge the summary suspension.

3741.6

Upon review of the notice of summary suspension and the Administrative Law Judge's response, the Commission shall determine whether the summary suspension complies with the requirements of this section. In its discretion, the Commission may require the Administrative Law and the Chief Administrative Law Judge, or his or her designee, to appear before it, and it may receive relevant testimonial and documentary evidence.

3741.7

The summary suspension shall not be stayed during the pendency of the matter before the Commission. If the Commission determines that the summary suspension did not comply with the requirements of this section, it shall issue an order vacating the summary suspension and restoring any pay and benefits lost by the Administrative Law Judge during the suspension.

3741.8

Summary suspension of an Administrative Law Judge pursuant to this section shall not preclude the Commission from taking any action authorized by sections 3730 to 3739, including the imposition of an additional sanction upon the Administrative Law Judge.

D.C. Mun. Regs. tit. 6, r. 6-B3741

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)