Section 6-B3799. DEFINITIONS

 

When used in this chapter, the following words shall have the following meanings:

 

Act - The Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.01 et seq.)

 

Administrative Law Judge - An Administrative Law Judge of the Office of Administrative Hearings.

 

Applicant - Any person seeking to be appointed or reappointed as an Administrative Law Judge.

 

Chief Administrative Law Judge - The Chief Administrative Law Judge of the Office or any person serving as Acting Chief Administrative Law Judge or interim Chief Administrative Law Judge of the Office.

 

Clerk - The Clerk of the Office.

 

Commission - The Commission on Selection and Tenure of Administrative Law Judges of the Office of Administrative Hearings.

 

Experience in the practice of law - Includes service as a hearing officer.

 

Hearing officer - An individual, other than an agency director or member of the governing board or body of an agency, whose permanent duties as an employee of the District of Columbia on the day prior to the Act's becoming applicable to his or her agency, consisted in whole or substantial part of regularly adjudicating administrative matters as required by law. "Hearing officer" includes, without limitation, any person with a position bearing the title "Hearing Officer," "Hearing Examiner," "Attorney Examiner," "Administrative Law Judge," "Administrative Judge," or "Adjudication Specialist." The term "hearing officer" does not include any employee holding an intermittent service appointment, a temporary appointment of less than one year, or a term appointment of less than one year.

 

Investigation - An inquiry to determine whether a proceeding should be instituted.

 

Legal holiday - Includes New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the District of Columbia, or any day on which the Office is closed.

 

Member of the District of Columbia Bar - 1) An active member in good standing of the District of Columbia Bar; 2) a judicial member in good standing of the District of Columbia Bar; or 3) any person eligible to practice law in the District of Columbia pursuant to Rule 49 (c)(4) of the Rules of the District of Columbia Court of Appeals while employed by the Government of the District of Columbia.

 

Misrepresentation - An untrue statement, orally or in writing, or an omission that is materially misleading.

 

Office - The Office of Administrative Hearings.

 

Proceeding - A formal proceeding, initiated by a Notice of Proceeding, to hear and determine charges as to an Administrative Law Judge's conduct or health.

 

Special Counsel - Any member of the District of Columbia Bar retained by the Commission to assist it, including without limitation, by investigating, prosecuting, or advising on any matter.

 

Vacancy - An unfilled available position as an Administrative Law Judge.

 

Voting member - One of the three voting members of the Commission appointed pursuant to section 10(a) of the Act, D.C. Official Code § 2-1831.07(a).

 

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).