Section 8-A1825. APPEAL OF REDUCTION IN FORCE ACTIONS

 

1825.1An employee who has received notice of release from a classified position through a reduction in force action may file a written request for review with the Dean.

 

1825.2The request for review shall be filed within ten (10) calendar days after the receipt of the reduction in force notice.

 

1825.3The request for review shall include the following:

 

(a)A copy of the notice received by the employee;

 

(b)A statement of the reasons why the employee believes that the reduction in force action taken with respect to the employee was improper. The reasons should include specific reference to the provision(s) of this chapter or applicable procedure(s) that the employee asserts were violated or improperly implemented in his or her case;

 

(c)Copies of any relevant documentary evidence supporting the employee's request for review; and

 

(d)A statement of the corrective action or other relief sought.

 

1825.4The determination of the need for a reduction in force under §1800.5, including any determination by the Dean with respect to the elimination of specific positions or other discretionary decisions with respect to the reduction in force, shall not be subject to appeal.

 

1825.5The Dean shall review the reduction in force action for compliance with the provisions of this chapter and issue a written decision to the employee within forty-five (45) calendar days after receipt of the request for review. If a decision has not been issued within this time, the employee may treat the non-response as a denial of the appeal.

 

1825.6The filing of a request for review under this section shall not delay the implementation of a reduction in force action. If an employee has been released from his or her position, and the decision of the Dean grants the relief sought in the appeal, the employee shall be restored to his or her position with back pay and benefits effective on the date of release.

 

1825.7The decision of the Dean shall be the final agency decision on the reduction in force action. An employee may file a petition for review of the final agency decision with the Superior Court of the District of Columbia within the time limits established under the agency review rules of the Superior Court.

 

source

Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).