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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B3. RESIDENCY |
Section 6-B307. DETERMINATION HEARINGS
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307.1
(a) Whenever the personnel authority has reasonable cause to believe that an employee of an agency subject to its personnel authority is not in compliance with the residency or domicile requirements, the personnel authority shall issue to the employee a written notice to show cause why his or her employment should not be forfeited.
(b)Whenever an agency head has reasonable cause to believe that an employee of the agency is not in compliance with the residency or domicile requirements, the agency head shall notify the personnel authority, and request that the personnel authority issue to the employee a written notice to show cause why his or her employment should not be forfeited.
307.2The personnel authority shall issue the notice to show cause why employment should not be forfeited only during the period of time that the employee is required to maintain bona fide District residency or be a District domiciliary.
307.3The personnel authority shall designate a hearing officer or officers to conduct residency determination hearings.
307.4The standard of proof in a residency or domicile determination case shall be by a preponderance of the evidence.
307.5The agency representative bears the burden of proof and persuasion concerning the employee’s alleged non-compliance with the residency or domicile requirement.
307.6If the hearing officer determines, after a record review, that the agency representative has established by a preponderance of the evidence that the employee is not in compliance with the residency or domicile requirements, the burden of proof shall shift to the respondent employee.
307.7The respondent employee shall have an opportunity to rebut the evidence presented by the agency representative, cross-examine any witness called by the agency, and by present evidence that demonstrates compliance with the residency or domicile requirements.
307.8The respondent employee may be represented at any evidentiary hearing by counsel if he or she so chooses.
307.9The agency representative shall have an opportunity to cross-examine any witness called by the respondent employee, and any witness who testifies on behalf of the respondent employee, including the respondent employee.
307.11After any evidentiary hearing, the hearing officer shall issue a proposed written determination on the residency status of the respondent employee within a reasonable period of time and shall serve a copy of the proposed determination on the agency representative and on the respondent employee.
307.12The employee shall have a period of ten (10) days from the receipt of the proposed determination to file written exceptions with the hearing officer and serve a true copy to the agency in response to a proposed determination of noncompliance with the residency or domicile requirements.
307.13Upon review of the record, including any timely filed pleadings, the hearing officer shall order an evidentiary hearing or issue a proposed final decision on compliance with the residency or domicile requirements.
307.14 The personnel authority shall issue a written final decision on the issue of compliance with the residency or domicile requirement to the employee, the agency representative, and the agency head.
307.15A final decision by the personnel authority of noncompliance with the residency domicile requirements shall result in forfeiture of employment by the employee.
307.16The Director of DCHR, shall notify a subordinate agency head, and the Mayor, when there is reasonable cause to believe that a subordinate agency head is not in compliance with the residency or domicile requirements, as applicable. Upon notification, the Mayor shall determine the appropriate course of action to be taken.