Section 6-B999. DEFINITIONS

 

999.1The following definitions apply to this chapter:

 

Administrative hearing officer – A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged in adjudicatory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

 

Administrative law judge – A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutory or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

 

Attorney – a position that is classified as part of Series 905, except for a position in the Legal Service.    

 

Biweekly pay period – the two-week (2-week) period for which an employee is scheduled to perform work.

 

Break in service – a period of one (1) workday or more between separation and reemployment. 

 

Consultant – for the purposes of § 904.2, the term “consultant” means a person who serves as an advisor to an officer or instrumentality of the District government, as distinguished from an officer or employee who carries out the agency’s duties and responsibilities.  A consultant gives views or opinions on problems or questions presented by the agency, but neither performs nor supervises performance of operating functions.  The person is an expert in the field in which he or she advises, but need not be a specialist.  A person’s expertness may con­sist of a high order of broad administrative, professional, or technical experience indicating that his or her ability and knowledge make his or her advice distinctively valuable to the agency.

 

Consultant position – for the purposes of § 904.2, the term “consultant position” means a position requiring the performance of purely advisory or consultant services, not including performance of operating functions.

 

Days – calendar days, unless otherwise specified.

 

 

Excepted Service – positions identified as being statutory, transitional, public employment, special category, training, or policy positions, and authorized by §§ 901 through 908 of the CMPA (D.C. Official Code §§ 1-609.01 through 1-609.08 (2012 Repl.)).  These positions are not in the Career, Educational, Management Supervisory, Legal or Executive Service.

 

Expert – for the purposes of § 904.2 of this chapter, the term “expert” means a person who performs or supervises regular duties and operating functions and shall include the following:

 

(a) A person with excellent qualifications and a high degree of attainment in a professional, scientific, technical, or other field; and

 

  (b) Certain members of boards or commissions.

 

Expert position – for the purposes of § 904.4(c), the term “expert position” means: (a) a position that, for satisfactory performance, requires the services of an expert in the particular field, as defined above, and with duties that cannot be performed satisfactorily by someone not an expert in that field; or (b) a position that is occupied by members of certain boards and commissions.

 

Greater Washington Metropolitan Area – the Consolidated Metropolitan Statistical Area, which includes Washington, D.C. (the “Washington-Baltimore, DC-MD-VA-WV CMSA”), as defined by the Office of Management and Budget June 30, 1998 (revised November 3, 1998), and which consists of the following:

 

(a) The Baltimore, MD Primary Metropolitan Statistical Area (PMSA), consisting of Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Queen Anne’s County, and Baltimore City;

 

(b) The Hagerstown, MD PMSA, consisting of Washington County; and

 

(c) The Washington, DC-MD-VA-WV PMSA, consisting of the District of Columbia; Calvert County, MD; Charles County, MD; Frederick County, MD; Montgomery County, MD; Prince George’s County, MD; Arlington County, VA; Clarke County, VA; Culpeper County, VA; Fairfax County, VA; Fauquier County, VA; King George County, VA; Loudoun County, VA; Prince William County, VA; Spotsylvania County, VA; Stafford County, VA; Warren County, VA; Alexandria City, VA; Fairfax City VA; Falls Church City, VA; Fredericksburg City, VA; Manassas City, VA; Manassas Park City, VA; Berkeley County, WV; and Jefferson County, WV.

Hard-to-fill position – a position designated as a hard-to-fill position pursuant to§ 911.4 of this chapter 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.

 

Intermittent employment – for the purposes of § 904.2, the term “intermittent employment” means occasional or irregular employment on programs, projects, problems, or phases thereof, requiring intermittent services.  If at any time it is determined that the employee’s work is no longer intermittent in nature, the person’s employment must be changed immediately.   

 

Performance contract – an agreement between an employee in an Excepted Service policy position under § 903(a) of the CMPA (D.C. Official Code § 1-609.03(a) (2012 Repl.)) and the personnel authority that may be entered into and that clearly identifies measurable goals and outcomes.

 

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in § 401 of the CMPA (D.C. Official Code §§ 1-604.01 et seq. (2012 Repl.)).

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Rate of basic pay – except as otherwise provided, the pay rate fixed by law, Wage Order, or Mayor's Order for the position held by an employee before any deductions and exclusive of additional pay of any kind, except as otherwise provided.

 

Time-limited appointment – an appointment with a specific time limitation consistent with the anticipated duration of the programs, projects, problems, or phases thereof, requires such service.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, with the concurrence of the City Administrator, and 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 §§ 1-609.01, 1-609.02(c), and 1-609.03(a) et seq. (2014 Repl.)).

source

Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 50 DCR 10565 (December 12, 2003); as amended by Final Rulemaking published at 51 DCR 10416 (November 12, 2004); ); as corrected by Errata Notice published at 51 DCR 10934 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015).