Section 6-B1110. POSITION CLASSIFICATION APPEALS  


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    1110.1A District employee may appeal the classification of his or her position to the personnel authority (the D.C. Office of Personnel for agencies under the personnel authority of the Mayor) at any time to obtain necessary corrective action. However, in order to preserve the right to a retroactive pay adjustment after a downgrading resulting from classification action, the appeal must be submitted not later than fifteen (15) days after the effective date of the action. Classification decisions issued by the personnel authority that will result in the loss of grade or pay shall be communicated to the affected employee(s) through written ten-day (10-day) advance notice of proposed action.

     

    1110.2The advance notice shall stipulate the fifteen-day (15-day) time limitation within which the employee must file an appeal in order to preserve rights to retroactive adjustments.

     

    1110.3The advance notice shall inform the employee of the right to prepare a written response to the advance notice and to be represented by a lawyer or other individual of his or her choice.

     

    1110.4An employee directly, or through a person designated in writing by the employee, may appeal to his or her personnel authority either or both of the following:

     

    (a)The class or grade of the position; or

     

    (b)The coverage of the position under the appropriate schedule.

     

    1110.5The personnel authority (the D.C. Office of Personnel for agencies under the personnel authority of the Mayor) must dispose of the appeal within thirty (30) days from the date of its receipt. The action taken by the personnel authority to dispose of the appeal shall be the final decision of the personnel authority on the appeal.

     

    1110.6The personnel authority’s final decision is appealable to the Superior Court of the District of Columbia, which reviews the record, determines if it is supported by substantial evidence, and either affirms, reverses, remands, or modifies the decision, as deemed necessary.

     

source

Final Rulemaking published at 47 DCR 2421 (April 7, 2000).