D.C. Mun. Regs. tit. 6, r. 6-B3739

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B3739 - SUMMARY SUSPENSION UPON CONVICTION

3739.1

Notwithstanding any other provision of this Chapter, the Commission shall suspend an Administrative Law Judge without pay if it has probable cause to believe any of the following:

(a) The Administrative Law Judge has been convicted (on any plea) of any crime that is or would be a felony under federal or District of Columbia law;

(b) The Administrative Law Judge has been convicted (on any plea) of any crime that bears a relationship to his or her position as an Administrative Law Judge; and

(c) The Administrative Law Judge has been convicted (on any plea) of any crime of dishonesty within the meaning of D.C. Official Code § 14 -305.

3739.2

To suspend an Administrative Law Judge without pay pursuant to section 3739.1, the Commission shall serve a written notice of suspension upon the Administrative Law Judge. The notice shall inform the Administrative Law Judge of the following:

(a) The reason for the suspension;

(b) The beginning date of the suspension;

(c) The Administrative Law Judge's right to file a written response within ten (10) days of service; and

(d) The right to counsel.

3739.3

Within ten (10) days of service of the notice of summary suspension pursuant to section 3739.2, the Administrative Law Judge may file a written response. The response shall address only whether the Administrative Law Judge has been convicted of a crime specified in section 3739.1, and shall not address the merits of the underlying charges.

3739.4

The Commission promptly shall review any response filed by the Administrative Law Judge. After such review, if the Commission finds that the preponderance of the evidence does not establish that the Administrative Law Judge has been convicted of a crime specified in section 3739.1, it shall vacate the summary suspension forthwith. Otherwise, the summary suspension shall remain in effect pending the outcome of any appeal or any proceeding to remove the Administrative Law Judge. The Commission shall not address the merits of the underlying charge.

3739.5

Upon issuance of a final order affirming the conviction, or the running of the time for filing an appeal without any appeal being filed, the Commission shall issue an order summarily removing the Administrative Law Judge from office.

3739.6

If criminal proceedings against an. Administrative Law Judge who has been suspended pursuant to section 3738.1 or section 3739.1 are terminated in the Administrative Law Judge's favor, the Commission shall vacate the summary suspension, effective on the date of termination.

3739.7

If an appellate court vacates or reverses a criminal conviction, and remands the case for further proceedings, the Administrative Law Judge shall be suspended with pay pending the judgment in the remanded proceedings. If the remanded proceedings result in a conviction specified in section 3739.1, the Administrative Law Judge shall be suspended without pay in accordance with this section.

D.C. Mun. Regs. tit. 6, r. 6-B3739

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)