D.C. Mun. Regs. tit. 6, r. 6-B304

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 6-B304 - HARDSHIP WAIVER

304.1

When an employee suffers an extraordinary hardship and must relocate to another state (or remain in another state, in the case of an individual subject to the residency requirement under §§ 301.2 and 302.4) due to exceptional circumstances beyond the employee's control, the employee may apply for a hardship waiver to suspend the residency requirements.

304.2

Application for a hardship waiver shall be made in writing to the personnel authority and, for subordinate agencies, according to any procedures established by the Director of the Department of Human Resources (Director).

304.3

Within thirty (30) days after receiving an application for a hardship waiver, the personnel authority shall issue a written decision either approving or denying the application.

304.4

The written decision shall provide a justification for the personnel authority's decision. Each written decision shall state whether:

(a) There is evidence that the hardship exists;

(b) The hardship necessitates residence outside of the District; and

(c) Granting the waiver is in the best interest of District government.

304.5

A hardship waiver issued pursuant to this section may be issued for no longer than one (1) year.

304.6

A residency waiver granted before May 23, 2019, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.

304.7

At the request of the Inspector General, the Director may issue residency waivers for new positions or hires in the Office of the Inspector General. Such waivers shall be issued only for new positions or hires that present exceptional circumstances or are hard-to- fill positions. Waivers issued under this subsection are not subject to the time limits imposed by § 304.5.

D.C. Mun. Regs. tit. 6, r. 6-B304

As amended by Final Rulemaking at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking at 56 DCR 3667 (May 8, 2009); amended by Final Rulemaking published at 62 DCR 11889 (8/28/2015); amended by Final Rulemaking published at 67 DCR 889 (1/31/2020)

Authority: The Director, D.C. Department of Human Resources, and the Chief, Metropolitan Police Department, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008, and in accordance with sections 801(e), 859(a), 906(f), and 957 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-608.01(e), 1-608.59(a), 1-609.06(f), and 1-609.57) (2006 Repl.), D.C. Law 17-108, the Jobs for D.C. Residents Amendment Act of 2007 (Act), effective February 6, 2008 (D.C. Act 17-172; 54 DCR 10993, November 16, 2007), and Council Resolution No. 18-75, deemed approved on April 2, 2009.