Section 6-B1622. ADMINISTRATIVE REVIEWS

1622.1 The personnel authority shall provide for an administrative review of a proposed or summary removal action against an employee, unless he or she is an exempt employee.

1622.2 The administrative review shall be conducted by a hearing officer, who shall meet the following criteria: 

(a) Be appointed by the agency head;

(b) Be at grade levels DS-13 and above, or equivalent, or be in the Legal Service at any grade;

(c) Be a licensed attorney, if available;

(d) Be neither in the supervisory chain of command between the employee and the deciding official, nor a subordinate to the proposing official; and

(e) Have no direct and personal knowledge of the matters contained in the proposed or summary removal action, aside from hearsay that does not affect impartiality.

1622.3In conducting the administrative review, the hearing officer shall:

(f) Review the notice of proposed or summary action, including any supporting materials; and

(g) Review the employee's response, if applicable.

1622.4 A hearing officer’s review of a proposed or summary removal action shall be limited to the notice and supporting materials and any written arguments and evidence submitted by the employee.

1622.5 Within thirty (30) days after receiving the employee’s response, or the expiration of his or her time to respond, the hearing officer shall submit a written report and recommendation to the deciding official, and shall provide a copy to the employee.

1622.6 Upon request, the time limit in § 1622.5 may be extended by the personnel authority for good cause for no more than thirty (30) days.

1622.7 The hearing officer shall ensure that there are no substantive ex parte communications during the administrative review process. Any substantive inquiry or information sent by or to the hearing officer shall be served on the employee, the employee’s representative (if any), and the agency representative.

 

authority

Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (CYSHA), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), and (11) (2016 Repl.)); Mayor’s Order 2008-92, dated June 26, 2008; and Mayor’s Order 2012-84, dated June 18, 2012, and with the concurrence of the City Administrator.

source

Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017).