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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-B4. SUITABILITY |
Section 6-B436. APPOINTEE, VOLUNTEER, AND EMPLOYEE RIGHTS
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436.1In the interest of transparency, applicants, appointees, volunteers, and employees have a right to understand and challenge the sources of derogatory information that results in employment disqualification. The purpose of this section is to outline the means by which applicants, volunteers, and employees may review, and in some cases appeal, unfavorable suitability determinations based on such information.
436.2Individuals subject to the provisions of this chapter have the right to the following information:
(a) Each appointee, volunteer, or employee in a covered position has a right to receive the following information:
(1) Copies of public criminal records received from any law enforcement agency pursuant to Section 415 of this chapter;
(2) Any traffic records obtained from the individual’s local motor vehicle administration pursuant to Section 420 of this chapter; and
(3) A consumer credit report obtained pursuant to Section 423 of this chapter.
(b) The information outlined in Subsection 436.2(a), shall be provided as follows:
(1) An applicant, volunteer, or employee must file a written request with the DCHR;
(2) The written request must be submitted no more than fifteen (15) days after receipt of a notification that the applicant, volunteer, or employee has been disqualified; and
(3) The DCHR shall provide the requested records no more than fifteen (15) days after receipt of the request.
(c) Employees subject to the provisions of this chapter have a right to review records according to the procedures established in Chapters 4 and 31A of the District Personnel Manual.
436.3Appointees, volunteers, and employees subject to enhanced suitability screening as outlined in Section 406, may file an appeal based on the provisions of this chapter as follows:
(a)If an appointee or volunteer is found unsuitable because he or she presents a present danger to children or youth, he or she may appeal that determination to the Commission on Human Rights (Commission). Any such appeal must be submitted to the Commission no more than thirty (30) days following the date of the suitability determination; or
(b)If an employee is deemed unsuitable and separated from employment, he or she may appeal that determination with the Office of Employee Appeals (OEA) or, if applicable, initiate a grievance pursuant to a collective bargaining agreement or Chapter 16 of these regulations. An appeal to the OEA must be filed with that office no more than thirty (30) days following the date of a final agency decision terminating employment. Employees may not appeal to the Commission.
436.4An appointee or volunteer that is deemed unsuitable and cannot appeal to the Commission may, if applicable, file a grievance with the personnel authority regarding his or her application for employment pursuant to Chapter 16 of these regulations.