D.C. Mun. Regs. tit. 6, r. 6-B3722

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B3722 - PHYSICAL EXAMINATIONS AND MEDICAL INFORMATION
3722.1

At the Commission's written request for the purpose of evaluating an issue relating to the appointment, reappointment, discipline, or removal of an Administrative Law Judge, the Administrative Law Judge shall submit to one or more physical or mental examinations by a licensed physician, licensed psychologist, or other licensed health professional designated by the Commission after consultation with the Administrative Law Judge. The examination and report shall be made at the expense of the District of Columbia.

3722.2

The health professional shall report his or her findings in writing to the Commission.

3722.3

At the Commission's request and for the purposes stated in section 3722.1, an Administrative Law Judge shall provide the Commission with all waivers and releases necessary to authorize the Commission to receive all medical records, reports, and information from any health professional, health care facility, or other facility regarding the Administrative Law Judge's physical or mental condition.

3722.4

The failure of an Administrative Law Judge to submit to a physical or mental examination or to provide waivers and releases required under this section by the Commission may be used as the basis for drawing an adverse inference against the Administrative Law Judge.

3722.5

Copies of all medical records, reports, and information received by the Commission shall be provided to the Administrative Law Judge at his or her request, and shall be maintained as confidential, personal and private by the Commission.

D.C. Mun. Regs. tit. 6, r. 6-B3722

Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004)