D.C. Mun. Regs. tit. 6, r. 6-B3730
The Commission may investigate and deliberate to determine whether a formal proceeding to discipline or remove an Administrative Law Judge should be instituted. It may do so upon proposal of the Chief Administrative Law Judge, or upon receiving information giving it reason to believe that there may be cause to discipline or remove an Administrative Law Judge.
The investigation may be carried out in any lawful manner that the Commission deems appropriate, including without limitation, interviews, document reviews, the taking of evidence at Commission meetings or by deposition, and the issuance of subpoenas when authorized by law.
The Commission may elect to notify the Administrative Law Judge in writing of the pendency of the investigation if it would not be prejudicial to the interests of justice.
If, after investigation, the Commission has reason to believe that there is cause to discipline or remove an Administrative Law Judge, it may commence a formal proceeding against the Administrative Law Judge.
If the Commission determines not to institute a formal proceeding, it shall so inform the Administrative Law Judge upon his or her inquiry, or if the Commission or its designee previously informed the Administrative Law Judge of the investigation. The Commission also shall give written notice to any complainant either that there is insufficient cause to proceed, or that the complaint poses a legal issue over which the Commission has no jurisdiction, as appropriate.
Before instituting a formal proceeding against an Administrative Law Judge, the Commission shall serve the Administrative Law Judge with notice of the investigation and offer the Administrative Law Judge an opportunity to meet with the Commission.
If the Administrative Law Judge files a request to meet with the Commission within seven (7) days of service of notice of the investigation, the Commission shall meet with the Administrative Law Judge and his or her counsel, if any, for the purpose of considering whether the matter should be disposed of without a proceeding.
An Administrative Law Judge may voluntarily terminate any investigation or formal proceeding before the Commission by filing with the Clerk a binding notarized statement that the Administrative Law Judge voluntarily resigns or retires from his or her position as an Administrative Law Judge; that he or she wishes to terminate the investigation or formal proceeding without a decision on the merits; and that he or she agrees never again to seek or accept an appointment as an Administrative Law Judge.
Any person submitting a statement to the Commission pursuant to section 3730.8 shall not be qualified to be appointed as an Administrative Law Judge at any time thereafter.
If an investigation is concluded without commencement of a formal proceeding, the Commission shall give written notice to the complainant explaining that the matter has been resolved and the nature of that resolution.
Individuals interviewed by any member of the Commission or persons acting on its behalf during an investigation shall be asked to keep the matter confidential.
All records and meetings relating to an investigation that does not result in a formal proceeding shall be non-public records of the Commission. All records and meetings relating to an inquiry that results in a formal proceeding, unless otherwise privileged or confidential under law, shall be public records of the Commission.
If an Administrative Law Judge requests that a record documenting a non-public decision disposing of an inquiry involving that Administrative Law Judge be made public, the Commission shall make that record public within ten (10) days of the request. If an Administrative Law Judge requests that a document other than one documenting the decision from an investigation or complaint be made public, the Commission shall do so if it would serve the interests of justice.
D.C. Mun. Regs. tit. 6, r. 6-B3730