D.C. Mun. Regs. tit. 6, r. 6-B3702
A hearing officer serving in an agency to which the Act becomes applicable and who is eligible for an appointment as an Administrative Law Judge pursuant to section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)) may be appointed by the Commission to an initial two-year term as an Administrative Law Judge only in compliance with this section.
No person who has been serving as a hearing officer for less than one year before the Act becomes applicable to his or her agency shall be eligible for appointment as an Administrative Law Judge pursuant to section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)) unless his or her employment as a hearing officer has been authorized in writing by the Chief Administrative Law Judge or his or her designee.
Any hearing officer who does not satisfy the requirements of section 3702.2 is eligible to be considered for appointment as an Administrative Law Judge pursuant to section 11(b) of the Act (D.C. Official Code § 1831.08(b) and section 3701 of these rules.
At least sixty days before the Act becomes applicable to his or her agency, a hearing officer who wishes to be appointed to an initial two-year term as an Administrative Law Judge pursuant to section 11(e) of the Act, D.C. Official Code § 2-1831.08(e), shall file with the Chief Administrative Law Judge a request for such appointment.
The Chief Administrative Law Judge may prescribe a form for the submission of such a request. The form may require information reasonably necessary to show that the hearing officer meets the qualifications set forth in the Act or in this Chapter.
Each request shall demonstrate that the hearing officer is qualified for appointment as an Administrative Law Judge pursuant to section 11(e) of the Act, D.C. Official Code § 2-1831.08(e). The request shall contain:
The Chief Administrative Law Judge shall forward all timely requests for appointment to the Commission.
The Commission shall examine each hearing officer's request and shall conduct, or direct the Chief Administrative Law Judge or any person designated by the Chief Administrative Law Judge to conduct, inquiries that it deems sufficient to verify the information submitted by a hearing officer and to verify that the hearing officer satisfies the standards prescribed in section 3703.
If the Commission finds that the hearing officer satisfies the qualifications set forth in this section 3702 and in section 3703, it shall appoint the hearing officer to an initial two-year term as an Administrative Law Judge. A majority of the voting members of the Commission must approve all such appointments.
The term of a hearing officer appointed as an Administrative Law Judge pursuant to this section shall commence on the day that the Act becomes applicable to cases heard by the agency by which he or she is employed when the request is submitted to the Chief Administrative Law Judge.
For a former hearing officer to remain qualified for his or her appointment as an Administrative Law Judge, he or she must pass a qualifying examination approved by the Commission pursuant to section 3704 of this Chapter, either before the appointment takes effect, or within 18 months of the appointment's effective date.
If a qualifying examination approved by the Commission has not been offered and graded at least three times between the date of submission of a hearing officer's request for appointment and 18 months after the effective date of his or her appointment, the deadline for a hearing officer to remain qualified by passing the qualifying examination shall be extended until such an examination has been offered and graded three times after the date of submission of the hearing officer's request for appointment.
D.C. Mun. Regs. tit. 6, r. 6-B3702