D.C. Mun. Regs. tit. 6, r. 6-B634

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 6-B634 - INITIAL DECISIONS

634.1

For appeals filed pursuant to § 604.1, the Administrative Judge shall issue an Initial Decision no later than one hundred twenty (120) business days after the employee files a complete Petition for Appeal; Provided, that the Administrative Judge may extend this period for a reasonable time under extraordinary circumstances.

634.2

For appeals filed pursuant to § 604.1, each Initial Decision shall contain:

(a) Findings of fact and conclusions of law, as well as the reasons or bases therefore, upon all the material issues of fact and law presented on the record;

(b) An order as to the final disposition of the case, including appropriate relief if granted; and

(c) A statement of the right to seek further administrative remedy, including the right to submit a Petition for Review in accordance with § 637.

634.3

For appeals filed pursuant to § 604.3, the Administrative Judge shall issue an Initial Decision within sixty (60) business days after the appeal is filed; unless the Administrative Judge determines that an evidentiary hearing is warranted, then the AJ shall issue an Initial Decision within ninety (90) business days after the appeal is filed.

634.4

For appeals filed pursuant to § 604.3, each Initial Decision shall be in writing and contain:

(a) Findings of fact, as well as the reasons or basis therefore, upon all the material issues of fact and law presented on the record;

(b) An order as to disposition of the case, including appropriate relief if granted; and

(c) A statement of the right to seek further administrative remedy, including the right to file a Petition for Review with the Board or a petition for enforcement.

634.5

The Initial Decision shall uphold, reverse, or modify the determination of the agency or personnel authority.

634.6

Notwithstanding any other provision of these rules, the Office shall not reverse an agency's action for error in the application of its rules, regulations, or policies if the agency can demonstrate that the error was a harmless error.

634.7

The Office shall serve a copy of the Initial Decision on each party to the proceeding, including intervenors.

D.C. Mun. Regs. tit. 6, r. 6-B634

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2149 (March 16, 2012); amended by Final Rulemaking published at 68 DCR 298 (1/14/2022)

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.

Authority: The Chairperson of the Office of Employee Appeals in accordance with § 602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).