D.C. Mun. Regs. tit. 6, r. 6-B699
When used in this chapter, the words and phrases set forth in this section shall have the following meanings:
Administrative Judge - an attorney, licensed to practice law in the District of Columbia, who is authorized by the Office of Employee Appeals (OEA) to hear and adjudicate appeals.
Adverse action - any action taken in accordance with § 604.1.
Business hours - Monday through Friday from 9:00 a.m. until 5:00 p.m., except legal holidays.
Certificate of Service - a document certifying that a party has served copies of pleadings on the other parties.
Date of filing - the date OEA time stamps on the document.
Day - a calendar day, unless otherwise specified.
Ex Parte Communication - any oral or written communication between an Administrative Judge and a party to a legal proceeding, or any other person involved in the case, outside of the presence of the opposing party or the opposing party's attorney.
Final agency decision - a written document from a District agency which contains the cause of action taken by the District agency against an employee, the employee's right to appeal to OEA, OEA's rules, an OEA appeal form, notice of rights to appeal under a negotiated review procedure (if applicable), and notice of the right to representation by a lawyer or other representative authorized by these rules.
Harmless error - an error in the application of a District agency's procedures, which did not cause substantial harm or prejudice to the employee's rights, or significantly affect the agency's final decision to take the action.
Interlocutory appeal - an appeal to the Board of a ruling made by an Administrative Judge during the course of a proceeding.
Mediation - a process in which the parties in a proceeding, with the assistance of a trained, impartial third person, discuss the dispute in order to reach a settlement.
Motion - an oral or written request that an Administrative Judge take a particular action concerning a proceeding.
Party - a person, agency, or intervenor, who is participating in a proceeding.
Personal identifying information - any information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked, or can be reasonably linked, to a specific individual. Examples include, but are not limited to the following:
Petition for Appeal - a request for review of an adverse action by an agency pursuant to 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.)).
Petition for Appeal of a Safety-sensitive Designation - a request for review of an agency action affecting an employee's position designation as safety sensitive in accordance with § 2 of the Medical Marijuana Program Patient Employment Protection Amendment Act of 2020, effective April 27, 2021 (D.C. Law 23-276; D.C. Official Code §§ 1-606.03 a and 1-615.03a).
Petition for Review - a request for review of an Initial Decision of an Administrative Judge.
Pleading - a written submission setting out claims, allegations, arguments, or evidence. Pleadings include briefs, motions, petitions, attachments, and responses.
Preponderance of the evidence - the degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue.
Protective order - an order issued by an Administrative Judge which prevents the disclosure of sensitive information except to certain individuals under certain conditions.
Redaction - the process of editing, censoring, or obscuring part of a text for legal or security purposes.
Safety-sensitive position - a position with the District which has been designated as one in which it is reasonably foreseeable that, if the employee performs the position's routine duties while under the influence of drugs or alcohol, the employee could suffer a lapse of attention or other temporary deficit that would likely cause actual, immediate, and serious bodily injury or loss of life to self or others.
Subpoena - a writ issued to compel testimony by a witness, or the production of documents.
Substantial evidence - the degree of relevant evidence that a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion, even when other reasonable persons might disagree. This is a lower standard of proof than preponderance of the evidence.
D.C. Mun. Regs. tit. 6, r. 6-B699