Section 6-B3729. CAUSE FOR DISCIPLINE OR REMOVAL

 

3729.1Cause to discipline or remove an Administrative Law Judge under the Act includes any of the following:

 

(a)Willful misconduct in office, violation of applicable law or rules, including without limitation, any violation of a code of professional responsibility applicable to the Administrative Law Judge pursuant to section 8(a)(9) of the Act, D.C. Official Code § 2-1831.05(a)(9), or an Administrative Law Judge's willful and persistent failure to perform his or her judicial and other duties, including without limitation, the unexcused failure to meet annual performance standards in any two (2) years within a three (3) year period; or

 

(b)Other conduct prejudicial to the administration of justice or which brings the judicial office into disrepute; or

 

(c)Reckless or intentional material misrepresentation in securing or retaining his or her appointment or reappointment or intentional or reckless falsification of official records.

 

3729.2Cause to remove an Administrative Law Judge includes:

 

(a)Inability to discharge the duties of his or her office by reason of mental or physical condition or disability (including habitual intemperance) that has persisted for a period of at least one (1) year; or

 

(b)Inability to discharge the duties of his or her office by reason of mental or physical condition or disability (including habitual intemperance) that is reasonably expected to persist for a period of at least one (1) year; or

 

(c)An Administrative Law Judge's failure to satisfy all qualifications required by the Act or this Chapter at anytime during his or her term;

 

3729.3A removal under section 3729.2 shall be designated as an involuntary retirement.

 

source

Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004).