D.C. Mun. Regs. tit. 6, r. 6-B610

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

Rule 6-B610 - PREMATURE FILINGS

610.1

A Petition for Appeal filed with the Office shall be considered a premature filing if it is filed before the effective date of the adverse action, or before the agency issues a final agency decision.

610.2

An Administrative Judge (or designee) will review a Petition for Appeal to determine if it is a premature filing. If the appeal is premature by ten (10) days or less, the Office shall docket the case as a new appeal. If an appeal is more than ten (10) days premature, an Administrative Judge (or designee) shall reject the appeal.

610.3

A motion seeking compliance enforcement or attorney's fees shall be considered a premature filing if it is filed before the last decision becomes final, or if an appeal of the last decision is pending before the Board or the Superior Court of the District of Columbia.

610.4

Premature filings seeking compliance enforcement or attorney's fees shall be dismissed by the Administrative Judge.

D.C. Mun. Regs. tit. 6, r. 6-B610

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, 2135 (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Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.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.).