Section 6-B608. CONTENT OF PETITION FOR APPEAL

608.1A petition for appeal may be filed on the form the Office approved.

608.2A petition for appeal made without use of the form of the Office shall be in writing and contain the following information:

(a) The name of the employee and the name of the agency which took the action;

 

(b) The type and the effective date of the action taken by the agency;

 

(c) The name, address, and telephone number(s) of the employee's representative, if any;

 

(d) The employee's address and telephone number(s);

 

(e) A copy of the agency's notice of final decision;

 

(f) A statement as to whether the employee or anyone acting on his or her behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding this matter;

 

(g) The identity of the collective bargaining unit (if any) of which the employee is a member; and

 

(h) The signature of the employee and his or her representative, if any.

 

608.3Along with the petition for appeal, the employee shall also submit the following information:

(a) A statement as to whether the employee requests an evidentiary hearing or oral argument;

 

(b) A concise statement of the facts giving rise to the appeal;

 

(c) An explanation as to why the employee believes the agency's action was unwarranted; and

 

(d) A statement of the specific relief the employee is requesting.

 

608.4The Office shall not consider the filing of a petition for appeal complete until the employee provides all of the information required under § 608.2 and 608.3.

608.5An employee's failure to include a complete address, or to advise the Office of a change in address in writing, shall constitute a waiver of any right to notice and service, and may result in the appeal being dismissed.

608.6The Administrative Judge may allow an employee to amend the appeal unless the Administrative Judge determines that to do so would prejudice the rights of another party or unduly delay the proceedings.

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.).

source

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, 2133 (March 16, 2012).

EditorNote

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.