D.C. Mun. Regs. tit. 6, r. 6-B1623

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

Rule 6-B1623 - FINAL AGENCY DECISION

1623.1 The final agency decision relating to a corrective or adverse action against an employee shall be made by the deciding official, who shall be the agency head, the personnel authority, or their designee. A proposing official may not serve as the deciding official for the same matter, except when the size of the agency mandates otherwise.

1623.2

In making the final decision, the deciding official shall:

(a) Consider the notice of proposed or summary action and supporting materials, the employee's response (if any), and any report and recommendation of a hearing officer; and

(b) Either sustain or reduce the proposed or summary action, remand the action to the proposing official with instructions for further consideration, or dismiss the action. A copy of any remand decision shall be served on the employee.

1623.3

The final determination shall be in writing, dated and signed by the deciding official.

1623.4

The final determination shall:

(a) Provide a concise summary of the action(s) being taken and the effective date of the action(s);

(b) Succinctly enumerate each independent cause for which corrective or adverse action is being taken; specifications shall not be used in any final written decision;

(c) Provide for an independent corrective or adverse action for each enumerated cause, consistent with § 1623.4(b);

(d) Demonstrate reasoned consideration of the relevant factors set forth in § 1606.2 for each independent action; and

(e) Articulate the employee's appeal rights, as outlined is § 1625, if any.

1623.5

In addition to the information specified in § 1623.4 each final agency decision shall be accompanied by:

(a) Copies of the materials relied upon by the agency in rendering its decision;

(b) For enforced leave of ten (10) or more days and adverse actions:

(1) A copy of the Rules of Procedure for the Office of Employee Appeals (OEA); and

(2) An OEA appeal form;

(c) A notice of the employee's right to elect between the remedies specified in § 1625; and

(d) A notice of the employee's right to be represented by an attorney or other representative authorized by law.

1623.6

The final decision shall be completed within forty-five (45) days of the latter of:

(a) The expiration of the employee's time to respond;

(b) The agency's receipt of the employee's response (if any);

(c) The completion of the hearing officer's report and recommendation, if applicable; or

(d) A date agreed to by the employee.

1623.7

The final agency decision shall be served on the employee in accordance with §§ 1618.6 and 1618.7.

1623.8

The time limit established in § 1623.6 may be extended by the personnel authority for good cause.

1623.9

A copy of the final agency decision shall be placed in the employee's official personnel file. If the decision incorporates a notice of proposed or summary action, in whole or in part, the notice of proposed or summary action shall be attached to the final agency decision before filing in the official personnel file.

1623.10

Except in the case of a removals, a final agency decision shall be retained by the personnel authority in the official personnel file for three (3) years unless sooner ordered withdrawn by the issuing official, the official's superiors or successors, a court of competent jurisdiction, an arbitrator of competent jurisdiction, the appropriate personnel authority, the Office of Human Rights, or pursuant to a settlement agreement.

1623.11

A final agency decision separating an employee from government service shall be a permanent record maintained by the personnel authority in the official personnel file.

D.C. Mun. Regs. tit. 6, r. 6-B1623

Final Rulemaking published at 63 DCR 1265 (2/5/2016); amended by Final Rulemaking published at 64 DCR 4623 (5/12/2017); amended by Final Rulemaking published at 68 DCR 2484 (3/5/2021)