D.C. Mun. Regs. tit. 6, r. 6-B423

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

Rule 6-B423 - CONSUMER CREDIT CHECKS - ASSESSING HISTORIES

423.1

The program administrator shall evaluate any derogatory information obtained from a credit report and determine whether the individual is suitable for the position he or she occupies or for which he or she has applied.

423.2

When warranted, an appointee may be disqualified based on one (1) or more of the following:

(a) Debts owed to the District government;

(b) Active liens;

(c) Current or repeated exhaustion of credit;

(d) Bankruptcies and foreclosures; or

(e) A pattern of late fees or financial activity establishing significant financial stress.

423.3

Prior to disqualifying an appointee based on derogatory credit information, the program administrator shall determine whether disqualification is warranted. To the extent practicable, the program administrator shall make this determination by considering the financial history in the context of:

(a) The specific duties and responsibilities related to the position;

(b) The bearing, if any, the derogatory information has to those duties and responsibilities;

(c) The length of time that has passed since the reporting of the derogatory information;

(d) The frequency and seriousness of the derogatory information;

(e) Any mitigating information provided by the individual in response to the derogatory information; and

(f) Whether, based on the totality of information available, the individual can reasonably be entrusted with the safety and security of government property and operations and possesses the necessary moral character and dedication to successfully serve the public.

D.C. Mun. Regs. tit. 6, r. 6-B423

As amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 8835 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 531, 546 (January 21, 2011); amended by Final Rulemaking published at 62 DCR 13820 (10/23/2015)

Authority: The Interim Director of the D.C. Department of Human Resources, pursuant to Mayor's Order 2007-95, dated April 18, 2007; Mayor's Order 2008-92, dated June 26, 2008, and with the concurrence of the City Administrator; Mayor's Order 2009-166, dated September 28, 2009; and in accordance with the provisions of Criminal Background Checks for the Protection of Children Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01, et seq.) (2008 Repl.), as amended by section 204 of the Omnibus Public Safety Amendment Act of 2006, effective April 24, 2007 (D.C. Law 16-306; D.C. Official Code § 4-1501.05) (hereinafter jointly referred to as the Act).