D.C. Mun. Regs. tit. 6, r. 6-B636

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

Rule 6-B636 - FINALITY OF DECISIONS FOR SAFETY-SENSITIVE DESIGNATION APPEALS

636.1

This section shall apply to Initial Decisions for appeals filed pursuant to § 604.3.

636.2

An Initial Decision concerning a safety-sensitive designation shall become final fifteen (15) business days after issuance, unless a Petition for Review is filed in accordance with § 638.

636.3

If the Board denies the Petition for Review, the Initial Decision shall become final upon the issuance of the last denial.

636.4

If the Board grants a Petition for Review, the subsequent designation decision shall be the final designation decision of the Office unless the decision states otherwise.

636.5

Final designation decisions shall be published in accordance with the rules and regulations of the Office and shall be published on the Office's website.

636.6

In accordance with D.C. Official Code § 1-606.03 a(e), a final designation decision is not subject to judicial review.

D.C. Mun. Regs. tit. 6, r. 6-B636

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Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.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