Section 6-B614. SUBSTITUTION

614.1If an employee dies while the appeal is pending before the Office, and the interest of the deceased employee has not terminated because of the death, the Administrative Judge, upon motion, may order substitution of the proper parties. A motion for substitution may be made within ninety (90) calendar days after the death of the employee.

614.2If an employee becomes incompetent by reason of mental or physical infirmity, the Administrative Judge, upon motion, may allow the appeal to be continued by the employee's representative.

614.3When an agency's interest in the appeal is transferred to another District agency, the Administrative Judge may:

(a) Allow the appeal to continue against the original agency;

 

(b) Order the substitution of the successor agency; or

 

(c) Join the successor agency with the original agency.

.

authority

The Chairperson of the Office of Employee Appeals in accordance with §602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).

source

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2137 (March 16, 2012).

EditorNote

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606-635 were renamed, and section 636 was repealed.