D.C. Mun. Regs. tit. 6, r. 6-B618

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

Rule 6-B618 - SUMMARY DISPOSITION

618.1

The Administrative Judge may, after notifying the parties and giving them an opportunity to submit additional evidence or legal argument, render a summary disposition of the matter without further proceedings if, upon examination of the record in an appeal, it appears that:

(a) There are no material and genuine issues of fact;

(b) A party is entitled to a decision as a matter of law; or

(c) The appeal fails to state a claim upon which relief can be granted.

618.2

An Administrative Judge may render a summary disposition either sua sponte, after notice under § 618.1, or upon motion of a party.

D.C. Mun. Regs. tit. 6, r. 6-B618

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, 2139 (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Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.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.).