D.C. Mun. Regs. tit. 6, r. 6-B604

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

Rule 6-B604 - JURISDICTION

604.1

Except as otherwise provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01 et seq. (2016 Repl. & 2019 Supp.)) or § 604.3, any District of Columbia government employee may appeal a final agency decision affecting:

(a) A performance rating which results in removal of the employee;

(b) An adverse action for cause which results in removal;

(c) A reduction in grade;

(d) A suspension for ten (10) days or more;

(e) A reduction-in-force; or

(f) A placement on enforced leave for ten (10) days or more.

604.2

An appeal filed pursuant to § 604.1 must be filed within thirty (30) days of the effective date of the appealed agency action.

604.3

In accordance with § 2 of the Medical Marijuana Program Patient Employment Protection Amendment Act of 2020, effective April 27, 2021 (D.C. Law 23-276; D.C. Official Code §§ 1-606.03 a and 1-615.03a), an employee has the right to appeal the designation of the employee's position as safety-sensitive under the following circumstances:

(a) The employee is in a position designated as safety sensitive;

(b) Within forty-five (45) business days after the employee receives the notification of rights;

(c) Within forty-five (45) business days after an employee becomes a qualifying patient; or

(d) Within forty-five (45) business days after the employee receives notice that the employee's position will be newly designated as safety sensitive.

604.4

An appeal filed pursuant to § 604.3 must be filed within thirty (30) calendar days after issuance of the personnel authority's determination.

604.5

An employee may not file an appeal in accordance with § 604.3 solely because:

(a) The employee failed a job-related drug test; or

(b) The employee is facing an adverse action related to the employee's failure to pass a job-related drug test.

604.6

An employee may not file an appeal in accordance with § 604.3 if the position is subject to random drug testing under federal law or as a condition of federal funding.

D.C. Mun. Regs. tit. 6, r. 6-B604

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2130 (March 16, 2012); amended by Final Rulemaking published at 68 DCR 298 (1/14/2022)

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.

Authority: The Chairperson of the Office of Employee Appeals in accordance with § 602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).