D.C. Mun. Regs. tit. 6, r. 6-B612

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

Rule 6-B612 - ANSWER

612.1

The Office shall promptly send a copy of the Petition for Appeal to the agency, and the agency shall file an answer within thirty (30) days of the service of the Petition for Appeal.

612.2

An agency's answer in which the allegations of a Petition for Appeal are contested shall contain the following:

(a) The name of the employee and the agency which took the action;

(b) The matter number assigned to the appeal by the Office;

(c) A statement of the appealed action the agency took against the employee and the reason(s) for the agency's action;

(d) A specific response to each allegation of the petition admitting, denying, or explaining each in whole or in part. The Administrative Judge may assume that the agency concedes as fact an allegation in the Petition for Appeal that the agency does not specifically explain or deny in the answer;

(e) All documents contained in the agency record of the proceeding;

(f) A request for an evidentiary hearing or oral argument, if desired; and

(g) The designation of, and signature by, the authorized agency representative. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

612.3

If the agency elects not to contest the allegations of fact set forth in the Petition for Appeal, the answer shall consist of a statement that the agency admits all of the material allegations to be true, and shall constitute a waiver of the agency's right to present evidence or testimony contradicting the admitted facts. An agency's election not to contest the material allegations of fact set forth in the Petition for Appeal shall not constitute a waiver of the agency's right to further participate in the proceedings to raise or address questions of law.

612.4

Failure by the agency to file an answer to a Petition for Appeal within the time limit set forth in § 612.1 may constitute a default, and the Administrative Judge may, without further notice, render an appropriate decision.

612.5

The Office shall promptly send a copy of the Petition for Appeal of a safety sensitive Designation to the personnel authority, and the personnel authority shall file an answer within fifteen (15) business days after the employee files the appeal.

612.6

The personnel authority's answer to the Petition for Appeal of a Safety-sensitive Designation shall include the complete record of the proceedings before the personnel authority, including any documentary evidence reviewed or considered in rendering the determination.

612.7

The employee may file a reply to the personnel authority's answer to the Petition for Appeal of a Safety-Sensitive Designation within five (5) business days after the personnel authority files its answer.

612.8

The designation of an employee's position as safety-sensitive shall not be suspended, tolled, or otherwise invalidated during the pendency of an appeal.

D.C. Mun. Regs. tit. 6, r. 6-B612

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, 2138 (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.).