Section 6-B399. DEFINITIONS

 

399.1When used in this chapter, the following meanings apply:

 

Agency – the meaning set forth in D.C. Official Code § 1-603.01(1) (2012 Repl.), but including boards and commissions as described in D.C. Official Code § 1-603.01(2) (2012 Repl.), and excluding the courts.

 

Agency head – the highest ranking executive official of an agency.

 

Agency representative – any person(s) designated by the agency head to receive and review factors and documents, conduct investigations, and represent the agency at residency preference or District of Columbia domicile determination hearings.

 

Assembled examining procedure – a computerized or multiple-choice written examination or test which may include a typing or data-entry skills test.

 

Bona fide resident – any person who maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of residence.

 

Claim – completion of Form DC-2000RP, Residency Preference for Employment, by a bona fide District resident at the time of application for competitive employment or competitive promotion who agrees in writing that, if selected, he or she will maintain bona fide District residency for seven (7) consecutive years from the date of appointment or promotion.

 

Competitive promotion – the change of an employee to a position at a higher grade or class level within the same job classification system and pay schedule, or to a position with a higher representative rate in a different job classification system and pay schedule, as a result of open competitive procedures.

 

Counsel – an attorney at law who may be chosen by an employee to represent the employee in a residency or District of Columbia domicile determination adjudication.

 

Days – calendar days, unless otherwise stated.  In computing a period of time prescribed by these regulations, the day of the action or event triggering the count is not included in the computation.  The last day of the period shall not be a Saturday, Sunday, or legal holiday, but shall be the end of the next day which is not a Saturday, Sunday, or legal holiday.

 

District domicile – physical presence in the District of Columbia; and an intent to abandon any and all former domiciles and remain in the District of Columbia for the duration of an Excepted or Executive Services appointment.

 

Exceptional circumstances – conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control, which are presented to the personnel authority by an agency head or the Mayor, when hiring an individual to fill a position in the Excepted or Executive Services, and which shall be considered by the personnel authority in determining the reasonableness of granting a waiver of the domicile requirement to that individual. 

 

Forfeiture – the loss of employment as a result of the failure of the employee to comply with the provisions of the residency preference or domicile requirements.

 

Hard to fill position – a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position.  

 

Immediate family – a person who is related to the appointee to a position in the Excepted Service pursuant to Sections 903(a)(1) and (2) of the Comprehensive Merit Personnel Act (CMPA) (D.C. Official Code §§ 1-609.03 (a)(1) and (2)) (2012 Supp.) or the Executive Service as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 

 

Mayor – the Mayor of the District of Columbia or his or her designee.

 

Personnel authority—an individual or entity authorized by D.C. Official Code § 1- 604.06 (2012 Repl.) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity.

 

Preponderance of evidence – that which is more convincing to the mind—more likely than not.  That amount (weight) of evidence which convinces as to its truthfulness.

 

Reasonable cause – that composite of facts from which a reasonably prudent person might determine that an employee is not in compliance with the residency preference or domicile requirements.

 

Subordinate agency – any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in Section 301(q) of the CMPA (D.C. Official Code § 1-603.01(17) (2012 Repl.)). 

 

Unassembled examining procedure – an examination that does not require a written test.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008; in accordance with the Jobs for D.C. Residents Amendment Act of 2007, effective February 6, 2008 (D.C. Law 17-108; D.C. Official Code § 1-515.01 (2012 Repl.)); and in accordance with the provisions of Sections 801(e), 859, 957, and 1059 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-608.01 (e), 1-608.59, 1-609.57, and 1-610.59 (2014 Repl.)).

source

Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 47 DCR 2416 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015).