Section 6-B633. PETITIONS FOR REVIEW

633.1Any party to the proceeding may serve and file a petition for review of an initial decision with the Board within thirty-five (35) calendar days of issuance of the initial decision.

633.2Within thirty-five (35) calendar days after the filing of the petition for review, any party may file an answer.

633.3The petition for review shall set forth objections to the initial decision supported by reference to the record. The Board may grant a petition for review when the petition establishes that:

(a) New and material evidence is available that, despite due diligence, was not available when the record closed;

 

(b) The decision of the Administrative Judge is based on an erroneous interpretation of statute, regulation or policy;

 

(c) The findings of the Administrative Judge are not based on substantial evidence; or

 

(d) The initial decision did not address all material issues of law and fact properly raised in the appeal.

633.4Any objections or legal arguments which could have been raised before the Administrative Judge, but were not, may be considered waived by the Board.

633.5The Board may review an initial decision on its own motion within thirty-five (35) calendar days of issuance of the initial decision.

633.6The Board may order oral argument on its own motion or on motion filed by any party.

633.7In its discretion, the Board may grant a motion to expedite a petition for review.  The motion must be approved by at least three (3) members of the Board.

633.8A Board member shall recuse himself or herself from participating in any proceeding in which their impartiality may reasonably be questioned.  Reasons for recusal include, but are not limited to:

 

(a) A personal bias or prejudice concerning a party;

 

(b) Personal knowledge of disputed facts concerning the petition for review;

 

(c) The Board member has previously served as a lawyer or witness concerning the same appeal; or

 

(d) A personal financial interest in the outcome of the proceeding. 

 

633.9The Board member shall notify the Chairperson of the recusal prior to discussion of the petition for review.  The Board member will not be permitted to discuss the merits of the case and may not participate in the vote to grant, deny, or remand the petition for review.

633.10The Board may affirm, reverse, remand, modify, or vacate the initial decision, in whole or in part.

633.11The Board's decision on whether to grant or deny a petition for review shall be by public vote. However, the Board's final decision shall be the written opinion and order.

633.12An employee or agency may appeal a final decision to the District of Columbia Superior Court in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01, et seq. (2006 Repl. & 2011 Supp.))

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, 2147 (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.