Section 6-B3740. CORRECTIVE DISCIPLINE BY THE CHIEF ADMINISTRATIVE LAW JUDGE

 

3740.1Pursuant to sections 8 and 13(e) of the Act, D.C. Official Code §§ 2-1831.05 and 2-1831.10(e), the Chief Administrative Law Judge may discipline an Administrative Law Judge by issuing an official reprimand to the Administrative Law Judge or by suspending the Administrative Law Judge without pay for a period of nine (9) days or less.

 

3740.2The Chief Administrative Law Judge may take corrective disciplinary action against an Administrative Law Judge pursuant to section 3740.1 only for cause, as described in section 3729.1.

 

3740.3The Chief Administrative Law Judge may take corrective disciplinary action against an Administrative Law Judge pursuant to section 3740.1 only in accordance with the procedures set forth in this section 3740.

 

3740.4Except as provided in section 3741, before taking corrective disciplinary action against an Administrative Law Judge, the Chief Administrative Law Judge must serve a notice of proposed corrective disciplinary action upon the Administrative Law Judge and must provide the Administrative Law Judge an opportunity to respond.

 

3740.5A notice of proposed corrective disciplinary action issued pursuant to section 3740.4 must contain at least the following information:

 

(a)A statement of the factual basis for the proposed corrective disciplinary action;

 

(b)A statement describing the proposed corrective disciplinary action;

 

(c)A statement that the Administrative Law Judge has the right to review any material upon which the proposed corrective disciplinary action is based;

 

(d)A statement of the Administrative Law Judge's right to file a written response; and

 

(e)Any other information required by the Due Process Clause of the Fifth Amendment to the United States Constitution.

 

3740.6Within five (5) days of service of a notice of proposed corrective disciplinary action, the Administrative Law Judge may file a written response with the Chief Administrative Law Judge.

 

3740.7For good cause shown, the Chief Administrative Law Judge may extend the five (5) day deadline prescribed in section 3740.6 for one additional period of up to five (5) days.

 

3740.8After reviewing any response filed under section 3740.6, or after expiration of the time for filing a response (if no response is filed), the Chief Administrative Law Judge shall serve the Administrative Law Judge with a decision on the proposed corrective disciplinary action.

 

3740.9A decision issued pursuant to section 3740.8 shall state that corrective disciplinary action either shall be taken or shall not be taken and shall contain a statement of the reasons for the Chief Administrative Law Judge's decision. If corrective disciplinary action will be taken, the decision shall state the nature and applicable dates, if any, of the corrective disciplinary action and shall state with specificity the cause upon which the corrective disciplinary action is based.

 

3740.10If the Chief Administrative Law Judge decides, in the exercise of his or her discretion, to take corrective disciplinary action, he or she may impose the corrective disciplinary action proposed in the notice issued pursuant to section 3740.5, or any less severe corrective disciplinary action, but may not impose a corrective disciplinary action more severe than proposed in the notice.

 

3740.11Any decision of the Chief Administrative Law Judge imposing corrective disciplinary action shall contain a statement of the Administrative Law Judge's right to appeal to the Commission.

 

3740.12An Administrative Law Judge may appeal any decision of the Chief Administrative Law Judge to take corrective disciplinary action by filing a notice of appeal with the Commission within fifteen (15) days of service of the decision and serving a copy upon the Chief Administrative Law Judge. The notice of appeal shall state fully every argument of the Administrative Law Judge in support of his or her appeal.

 

3740.13The corrective disciplinary action imposed by the Chief Administrative Law Judge shall not be stayed pending appeal.

 

3740.14Within ten (10) days of service of the notice of appeal, the Chief Administrative Law Judge, or his or her designee, may file a response to the notice of appeal with the Commission.

 

3740.15After receipt of the Chief Administrative Law Judge's response, or the expiration of the deadline for filing a response (if no response is filed), the Commission shall decide the appeal.

 

3740.16The Commission shall affirm the decision of the Chief Administrative Law Judge unless it finds that there is not substantial evidence in the record to support the Chief Administrative Law Judge's finding of cause. The Commission may not overturn the Chief Administrative Law Judge's exercise of discretion to choose a sanction unless it concludes that the sanction was unlawful.

 

3740.17If the Commission reverses a suspension without pay imposed by the Chief Administrative Law Judge, the Administrative Law Judge shall receive any pay and other benefits that were lost as the result of the suspension.

 

3740.18A corrective disciplinary action taken against an Administrative Law Judge pursuant to this section shall not preclude the Commission from taking any action authorized by sections 3730 to 3739, including the imposition of any additional sanction upon the Administrative Law Judge.

 

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).