D.C. Mun. Regs. tit. 6, r. 6-B399

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B399 - DEFINITIONS
399.1

For the purposes of this chapter, the following meanings apply:

Agency - any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule, or any regulation adopted under authority of law. The term "agency" also includes any unit of the District of Columbia government created by the reorganization of one or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency. The term "agency" does not include the Council.

Agency head - the highest ranking executive official of an agency.

Agency representative - any person(s) designated by the agency head to receive and review factors and documents, conduct investigations, and represent the agency at residency preference or District of Columbia domicile determination hearings.

Assembled examining procedure - a computerized or multiple-choice written examination or test which may include a typing or data-entry skills test.

Bona fide resident - any person who maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of residence.

Claim - completion of Form DC-2000RP, Residency Preference for Employment, by a bona fide District resident at the time of application for competitive employment or competitive promotion who agrees in writing that, if selected, he or she will maintain bona fide District residency for seven (7) consecutive years from the date of appointment or promotion.

Competitive promotion - the change of an employee to a position at a higher grade or class level within the same job classification system and pay schedule, or to a position with a higher representative rate in a different job classification system and pay schedule, as a result of open competitive procedures.

Counsel - an attorney at law who may be chosen by an employee to represent the employee in a residency or District of Columbia domicile determination adjudication.

Days - calendar days for all periods of more than ten (10) days; otherwise, days are workdays.

Director - the Director the Department of Human Resources or his or her designee.

District - the District of Columbia

District domicile - physical presence in the District of Columbia; and an intent to abandon any and all former domiciles and remain in the District of Columbia for the duration of an Excepted or Executive Services appointment.

District resident - an individual who primarily lives in the District of Columbia and intends the District of Columbia to be his or her home.

Exceptional circumstances - conditions or facts that are uncommon or deviate from or do not conform to the norm.

Forfeiture of employment - the loss of employment.

Hard-to-fill position - a position designated as a hard-to-fill position pursuant to § 911.4 based on demonstrated recruitment and retention problems inherent to the position due to unique duties, responsibilities, and highly specialized qualification requirements.

Human resource information system - the software used by the personnel authority to manage human resources related business processes and data, including payroll. Most District agencies use People Soft, which is managed by the Department of Human Resources, as their human resource information system.

Immediate family - a person who is related to the appointee to a position in the Excepted Service pursuant to Sections 903(a)(1) and (2) of the Comprehensive Merit Personnel Act (CMPA) (D.C. Official Code §§ 1-609.03(a)(1) and (2)) (2012 Supp.) or the Executive Service as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

Independent agency - an agency that is not a subordinate agency

Mayor - the Mayor of the District of Columbia or his or her designee.

Personnel authority - an individual or entity authorized by D.C. Official Code § 1-604.06 (2016 Repl.) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity. The Director is the personnel authority for agencies under the personnel authority of the Mayor except the Metropolitan Police Department and the D.C. Public Schools.

Preponderance of evidence - that which is more convincing to the mind-more likely than not. That amount (weight) of evidence which convinces as to its truthfulness.

Reasonable cause - that composite of facts from which a reasonably prudent person might determine that an employee is not in compliance with the residency preference or domicile requirements.

Subordinate agency- any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in Section 301 (q) of the CMPA (D.C. Official Code § 1-603.01(17) (2016 Repl.)).

Unassembled examining procedure - an examination that does not require a written test.

D.C. Mun. Regs. tit. 6, r. 6-B399

As amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 51 DCR 9309 (October 1, 2004); 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.