D.C. Mun. Regs. tit. 6, r. 6-B640

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B640 - COMPLIANCE AND ENFORCEMENT
640.1

For appeals filed pursuant to § 604.1, the District agency shall comply with the Office's final decision within thirty (30) calendar days from the date the decision becomes final unless the Office's final decision is appealed to the Superior Court of the District of Columbia.

640.2

For appeals filed pursuant to § 604.3, the District agency shall comply with the Office's final decision within thirty (30) calendar days from the date the decision becomes final.

640.3

If any agency fails to comply with the final decision of the Office within the time period specified in this section, the employee may file a motion to enforce the final decision. The motion shall be directed to the Administrative Judge who decided the appeal.

640.4

An agency must file an answer within twenty (20) calendar days of receipt of the employee's motion.

640.5

The employee, with specificity, shall explain in the motion how the agency has failed to comply with the Office's decision. The agency shall include in its answer a statement which admits or denies each allegation in the employee's motion.

640.6

The parties shall serve the motion and answer on each other.

640.7

Failure by the agency to file an answer to the motion for enforcement shall be construed as an admission of the employee's allegations.

640.8

The Administrative Judge shall take all necessary action to determine whether the final decision is being complied with and shall issue a written opinion on the matter.

640.9

The Administrative Judge may, for good cause shown, allow the agency additional time to submit proof of compliance with the Initial Decision.

640.10

If the Administrative Judge determines that the agency has not complied with the final decision, the Administrative Judge shall certify the matter to the General Counsel. The General Counsel shall order the agency to comply with the Office's final decision in accordance with D.C. Official Code § 1-606.02.

640.11

No additional filings are permitted once the General Counsel certifies the final decision.

640.12

If the agency fails to comply with the order, the General Counsel may take all necessary action to secure compliance with the order.

D.C. Mun. Regs. tit. 6, r. 6-B640

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