D.C. Mun. Regs. tit. 5, r. 5-E1018

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-E1018 - FAILURE TO COMPLY WITH RESIDENCY REQUIREMENTS

1018.1

An employee who fails to comply with the residency requirements set forth in § 1017 shall forfeit his or her position.

1018.2

Whenever the Director of Personnel has reasonable cause to believe that an employee is not in compliance with the residency requirements set forth in this section, the Director of Personnel shall issue to the employee notice to show cause why the position held by the employee should not be forfeited.

1018.3

The employee shall have ten (10) days to respond to the notice to show cause.

1018.4

The employee's response shall be in writing and shall state facts and circumstances sufficient to demonstrate compliance with the residency requirements.

1018.5

If the employee fails to respond to the notice to show cause within the ten (10) day notice period, the Director of Personnel shall declare the position forfeited.

1018.6

If the employee's response fails to assert facts or circumstances which, if proven, would establish compliance with the residency requirements, the employee shall be given an opportunity to appear before the Superintendent of Schools or the Superintendent's designee to present evidence and testimony in support of the employee's claim of bona fide residency in the District of Columbia.

1018.7

The Superintendent of Schools, or the Superintendent's designee, shall consider the testimony and evidence presented by the employee and the Superintendent shall issue a final decision in writing. A copy of the decision shall be given to the employee.

1018.8

If the Superintendent of Schools determines that the employee is not a bona fide resident of the District of Columbia, the Superintendent shall declare the position forfeited.

1018.9

For the purpose of this section, a "bona fide resident of the District of Columbia" is a person who is a domiciliary of the District of Columbia and who maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy.

1018.10

In determining whether an employee is a bona fide resident of the District of Columbia, proof of residency shall consist of two (2) or more of the following documents:

(a) A document specifying the home mailing address of the employee;

(b) A voter registration card;

(c) A valid, unexpired motor vehicle registration;

(d) A valid, unexpired motor vehicle operator's permit;

(e) Withhold and proof of payment of personal income tax; and

(f) Title to residential property or a valid unexpired lease agreement.

D.C. Mun. Regs. tit. 5, r. 5-E1018

Final Rulemaking published at 27 DCR 4297, 4316 (October 3, 1980); as amended by Final Rulemaking published at 29 DCR 3565 (August 13, 1982); and by Final Rulemaking published at 39 DCR 2054, 2057 (March 27, 1992)