 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 7. EMPLOYMENT BENEFITS |
|
Chapter 7-24. METROPOLITAN POLICE DEPARTMENT SWORN MEMBER DISABILITY [REPEALED] |
Section 7-2404. APPEALS
-
2404.1Non-performance-of-duty determinations made by the director under § 2400 may be appealed to the Chief of Police or his designee, in writing, within 15 calendar days of the date the decision was served on the member.
2404.2The member's appeal of a non-performance-of-duty determination shall contain all information relevant to the appeal, including but not limited to:
(a)A copy of the non-performance-of-duty injury/illness determination being appealed;
(b)A statement specifically describing the basis for the appeal;
(c)All documentation supporting the appeal, including, but not limited to, written statements of witnesses, affidavits, documents or any other form or depiction of information; and
(d)Any other information that the Department may require as provided in its directives.
2404.3In reviewing information and documents submitted, the Chief of Police or designee may consider anything he or she deems material and reasonably reliable under the circumstances.
2404.4The Chief of Police or designee shall evaluate the appeal based on the documentation submitted pursuant to § 2404.2.
2404.5The member shall have no right to an oral hearing on his or her appeal.
2404.6The Chief of Police or designee has the sole discretion to permit any party to appear in person after all documents and information have been timely filed, but only where such appearance is likely to result in the presentation of information that is material, probative, and non-cumulative, and could not reasonably have been presented in writing previously.
2404.7The member requesting review of the non-performance-of-duty determination has the burden of proving, by clear and convincing evidence, that he or she is entitled to a determination that the injury or illness occurred in the performance of duty.
2404.8The Chief of Police or designee shall issue a written decision and order on the member's appeal, and shall include findings of fact and conclusions of law.
2404.9The decision issued pursuant to § 2404.8 shall constitute final agency action on the member's appeal.
2404.10Members wishing to appeal the decision issued pursuant to § 2404.8 may file a Petition for Review with the District of Columbia Superior Court within 30 calendar days from the date of the decision.