D.C. Mun. Regs. tit. 7, r. 7-2404
Non-performance-of-duty determinations made by the director under § 2400 may be appealed to the Chief of Police or his designee, in writing, within 15 calendar days of the date the decision was served on the member.
The member's appeal of a non-performance-of-duty determination shall contain all information relevant to the appeal, including but not limited to:
In reviewing information and documents submitted, the Chief of Police or designee may consider anything he or she deems material and reasonably reliable under the circumstances.
The Chief of Police or designee shall evaluate the appeal based on the documentation submitted pursuant to § 2404.2.
The member shall have no right to an oral hearing on his or her appeal.
The Chief of Police or designee has the sole discretion to permit any party to appear in person after all documents and information have been timely filed, but only where such appearance is likely to result in the presentation of information that is material, probative, and non-cumulative, and could not reasonably have been presented in writing previously.
The member requesting review of the non-performance-of-duty determination has the burden of proving, by clear and convincing evidence, that he or she is entitled to a determination that the injury or illness occurred in the performance of duty.
The Chief of Police or designee shall issue a written decision and order on the member's appeal, and shall include findings of fact and conclusions of law.
The decision issued pursuant to § 2404.8 shall constitute final agency action on the member's appeal.
Members wishing to appeal the decision issued pursuant to § 2404.8 may file a Petition for Review with the District of Columbia Superior Court within 30 calendar days from the date of the decision.
D.C. Mun. Regs. tit. 7, r. 7-2404