D.C. Mun. Regs. tit. 6, r. 6-B637

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

Rule 6-B637 - PETITIONS FOR REVIEW

637.1

This section shall apply to Initial Decisions for appeals filed pursuant to § 604.1. Petitions for Review in appeals filed pursuant to § 604.3 shall be subject to the requirements of § 638.

637.2

Any party to the proceeding may serve and file one (1) original and one (1) copy of a Petition for Review of an Initial Decision with the Board within thirty-five (35) calendar days of issuance of the Initial Decision.

637.3

Any party may file an answer within thirty-five (35) calendar days after the filing of the Petition for Review.

637.4

The Petition for Review shall set forth objections to the Initial Decision supported by reference to the record. The Board may grant a Petition for Review when the petition establishes that:

(a) New and material evidence is available that, despite due diligence, was not available when the record closed;

(b) The decision of the Administrative Judge is based on an erroneous interpretation of statute, regulation, or policy;

(c) The findings of the Administrative Judge are not based on substantial evidence; or

(d) The Initial Decision did not address all material issues of law and fact properly raised in the appeal.

637.5

Any objections or legal arguments which could have been raised before the Administrative Judge, but were not, may be considered waived by the Board.

637.6

The Board may review an Initial Decision on its own motion within thirty-five (35) calendar days of issuance of the Initial Decision.

637.7

The Board may order oral argument on its own motion or on motion filed by any party.

637.8

In its discretion, the Board may grant a motion to expedite a Petition for Review. The motion must be approved by at least three (3) members of the Board.

637.9

The Board may affirm, reverse, remand, modify, or vacate the Initial Decision, in whole or in part.

637.10

The Board's decision on whether to grant or deny a Petition for Review shall be by public vote. The Board's final decision shall be the written opinion and order.

637.11

An employee or agency may appeal a final decision to the District of Columbia Superior Court in accordance with 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.)).

D.C. Mun. Regs. tit. 6, r. 6-B637

Final Rulemaking published at 68 DCR 298 (1/14/2022)