Section 6-B609. ANSWER

609.1An agency’s answer in which the allegations of a petition are contested shall contain the following:

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

 

(b) The OEA matter number assigned to the appeal;

 

(c) A statement of the appealed action the agency took against the employee and the reason(s) therefore;

 

(d) A specific response to each allegation of the petition admitting, denying, or explaining each in whole or in part. The Administrative Judge may assume that the agency concedes as fact an allegation in the employee’s petition that the agency does not specifically explain or deny in the answer;

 

(e) All documents contained in the agency record of the proceeding;

 

(f) A request for an evidentiary hearing or oral argument, if desired; and

 

 

(g) The designation of, and signature by, the authorized agency representative. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

 

609.2If the agency elects not to contest the allegations of fact set forth in the petition, the answer shall consist of a statement that the agency admits all of the material allegations to be true. Such an answer shall constitute a waiver of the right to present evidence or testimony contradicting the admitted facts. However, the right to further participation in the proceedings shall continue and questions of law may be addressed.

609.3Failure by the agency to file an answer within the time limit set forth in § 607.2 shall constitute a default, and the Administrative Judge may, without further notice, render an appropriate decision.

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, 2134 (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Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606-635 were renamed, and section 636 was repealed.