Section 6-B438. APPEALS BEFORE THE COMMISSION ON HUMAN RIGHTS

 

438.1The purpose of this section is to promulgate rules and procedures for the efficient and uniform administration of suitability determination appeals before the Commission.

 

438.2If an applicant or volunteer applying for a protection sensitive position is found to pose a present danger to a child or youth, as provided by D.C. Official Code § 4-1501.05a (2012 Repl.), and deemed unsuitable for a District government position, he or she may seek review of that determination with the Commission in accordance with this section.

 

438.3For purposes of this section:

 

(a)   The term “applicant” means an applicant or appointee, as those terms are defined in Section 499;

 

(b)   The term “petitioner” means the applicant or volunteer seeking review of a suitability determination made under this chapter, but excludes District government employees;

 

(c)   The term “agency” means the agency to which the applicant applied; and

 

(d)   The term “parties” means the petitioner and agency, collectively.

 

438.4Any document filed with the Commission pursuant to this section shall be served on the opposing party and accompanied by a signed certificate of service showing compliance with this subsection.

 

438.5Documents served on the agency shall be delivered by hand or certified mail to the General Counsel for the DCHR or to the General Counsel of the independent personnel authority.

 

438.6To initiate the review process, the petitioner shall file a Notice of Appeal, along with a copy of the suitability determination being appealed, with the District of Columbia Office of Human Rights within thirty (30) days of the issuance of the agency decision being appealed.

 

438.7Each Notice of Appeal shall contain, at a minimum, the following information:

 

(a)   The petitioner’s name, address, and phone number;

 

(b)   The name of the agency, address, and phone number;

 

(c)   The specific objection(s) to the suitability determination;

 

(d)   The argument(s) in support of the petitioner’s appeal; and

 

(e)   The relief being sought.

 

438.8The following procedures shall be followed after a Notice of Appeal is filed:

 

(a)   No more than thirty (30) days from the filing of the Notice of Appeal, the agency shall file an answer along with a certified copy of the record, which includes all documents relating to the applicable suitability determination;

 

(b)   The agency record shall be indexed, with each page being sequentially numbered;

 

(c)   The Commission shall review the respective arguments of the parties along with the agency record;

 

(d)   No more than thirty (30) days following the filing of the agency’s answer and record, the Commission shall issue a decision affirming or reversing the suitability determination;

 

(e)   The Commission shall base its decision exclusively on the Notice of Appeal, and the agency’s answer and record, and shall not set aside the suitability determination if supported by substantial evidence in the record as a whole and not clearly erroneous as a matter of law;

 

(f)When the Commission disagrees with a suitability determination it may make recommendations to the personnel authority.  Upon review of the Commission’s decision, the personnel authority shall consider the recommendations and issue a final decision without further appeal to the Commission or any court. This final decision by the DCHR or the independent personnel authority shall be in writing, and a copy of this final decision shall be served on petitioner; and

 

(g) The Commission may not assess fees against the District of Columbia in conjunction with an appeal under this section.

 

438.9At the discretion of the Commission, the time limits set forth in this section may be reduced or expanded.

 

438.10A decision issued by the Commission shall be final and cannot be appealed to any administrative body or court.

 

438.11To the extent practicable, the parties may rely on the District of Columbia Superior Court Rules of Civil Procedure for additional procedural guidance.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and with the concurrence of the City Administrator; Mayor’s Order 2007-95, dated April 18, 2007; Mayor’s Order 2012-84, dated June 18, 2012; and in accordance with the provisions of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); and Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), (11) (2012 Repl.)).

source

Final Rulemaking published at 62 DCR 13820 (October 23, 2015).