Section 6-B631. INITIAL DECISION

631.1The Administrative Judge shall issue an initial decision. Such decision shall be issued no later than one hundred twenty (120) business days after the employee files a complete petition for appeal. However, the Administrative Judge may extend this period for a reasonable time under extraordinary circumstances.

631.2Each 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 petition for review.

 

631.3Notwithstanding 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 harmless. Harmless error shall mean an error in the application of the agency's procedures, which did not cause substantial harm or prejudice to the employee's rights and did not significantly affect the agency's final decision to take the action.

631.4The Office shall serve a copy of the initial decision on each party to the proceeding.

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, 2146 (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Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606-635 were renamed, and section 636 was repealed.