D.C. Mun. Regs. tit. 6, r. 6-B899

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B899 - DEFINITIONS
899.1

For the purposes of this chapter, the following terms have the meaning ascribed:

Administrative hearing officer - A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged in adjudicatory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

Administrative law judge - A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutory or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

Break in service - a period of one (1) workday or more between separation and reemployment that may cause a loss of rights or privileges.

Career Appointment (Permanent) - An appointment of an employee, who has satisfactorily completed his or her probationary period, to a continuing position in the Career Service.

Career Appointment (Probational) - an appointment of an employee to a continuing position in the Career Service subject to satisfactory completion of a probationary period of at least one-year (1-year) probationary period.

Career Service - all positions, including part-time positions, of the District government that are not included in the Educational Service, Excepted Service, Management Supervisory Service, or Executive Service, or otherwise excluded by section 800 of this chapter.

Conversion - A change in the employment rights or time limitation of an appointment without a break in service of one (1) full workday.

Days - Calendar days, unless otherwise stated. In computing a period of time prescribed by regulation, the day of the action or event triggering the count is not included in the computation. The last day of the period shall not be a Saturday, Sunday, or legal holiday, but shall be, instead, the end of the next day which is not a Saturday, Sunday, or legal holiday.

Demotion - The change of an employee to a lower grade, or to a position with a lower basic pay rate, when both the old and new positions are under the same pay schedule or in different pay schedules.

Detail - The temporary assignment of an employee to a different position for a specified period, with the employee returning to his or her regular duties at the end of the detail. A position is not filled by a detail, as the employee continues to be the incumbent of the position from which detailed.

Eligibles - Those qualified to be chosen for appointment on the basis of any of the following (subject to possible suitability or medical determination):

(a) Having received a rating of seventy (70) or more under § 809.6;
(b) Having successfully completed an examination under § 809.7;
(c) Having been rated "Highly Qualified," "Well Qualified," or "Qualified" under § 809.8; or
(d) Having been rated "eligible" under § 809.9.

Employee - Unless otherwise stated herein, a person appointed to a position in the Career Service.

Foster Care- 24 hour substitute care for children placed away from their parents or guardians for whom the Child and Family Services Agency has placement care and responsibility.

Foster Child - a child who comes under the jurisdiction of the Superior Court of the District of Columbia pursuant to D.C. Official Code § 16-2320 or whose parents' rights have been relinquished pursuant to D.C. Official Code § 4 -1406. Per Subsection 825.3(a), an individual claiming the preference may have documentation from CFSA or the Family Court of the D.C. Superior Court that identifies them as a "foster child."

Open competition - The use of examination procedures which permit application and consideration of all persons without regard to current or former employment with the District government.

Personnel authority - an individual or entity authorized by section 406 of the CMPA (D.C. Official Code § 1-604.06) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated such authority by such an individual or entity.

Position change - A promotion, demotion, or reassignment or transfer made during an employee's continuous service within the Career Service, but not a detail. A position change by any of these methods may also involve a change of official headquarters or post of duty within the Career Service.

Probationary period - except otherwise specified in this chapter, a one-year (1-year) trial period during which an employee must demonstrate his or her qualification and ability for the position.

Promotion - The change of an employee to a position at a higher grade level within the same job classification system and pay schedule, or to a position with a higher representative rate in a different job classification system and pay schedule.

Reassignment - The change of an employee from one position to another without promotion or demotion.

Register - A list of eligible applicants compiled in order of relative standing for certification.

Subordinate agency - any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in § 301(q) of the CMPA (D.C. Official Code § 1-603.01(17)) (2001).

Supervisor - at grade levels CS-10 and below, a position that accomplishes work through the direction of other people and meets at least the minimum requirements for coverage in accordance with the U.S. Office of Personnel Management Supervisory Grade Evaluation Guide, or other appropriate classification standards adopted by the D.C. Department of Human Resources. Those directed may be subordinate District service employees, whether full-time, part-time, intermittent, or temporary; non-District service workers; unpaid volunteers; student trainees, or others. Supervisors exercise delegated authorities such as described in Factor 3 - Supervisory and Managerial Authority Exercised, in the Supervisory Grade Evaluation Guide. A first (1st) level supervisor personally directs subordinates without the use of other subordinate supervisors. A "full assistant" shares fully with a higher-level supervisor in all phases of work direction, contractor oversight, and delegated authority over the subordinate staff.

Temporary Appointment Pending Establishment of a Register (TAPER) - a temporary appointment pending establishment of a register when there are insufficient candidates on a register appropriate for filling a position that will last for more than one (1) year and the public interest requires that the vacancy be filled before eligibles can be certified.

Temporary appointment - An appointment with a specific time limitation of one (1) year or less.

Term appointment - An appointment with a specific time limitation in excess of one (1) year, but not exceeding four (4) years, unless extended by the personnel authority as provided in § 823.2, or as otherwise provided by statute.

Transfer - A change, without a break in service of a fully workday of a career (probational) or career (permanent) employee to another Career Service position of like tenure under a different personnel authority.

Veteran - As defined in § 703 of chapter 7 of these regulations.

Ward of the State - A person between the age of 18-21 years old who is currently committed to the Mayor as a ward of the District of Columbia or previously deemed a ward within the past five (5) year from the date of application for employment, pursuant to D.C. Official Code § 4 -114. Per Subsection 825.3(a), an individual claiming the preference may have documentation from CFSA or the Family Court of the D.C. Superior Court that identifies them as a "ward of the state."

When-actually-employed (WAE) appointment - temporary appointment under which the employee serves on an intermittent basis, that is, non full-time without a prescheduled regular tour of duty. This type of temporary appointment is also referred to as either "intermittent appointment," or as "intermittent service."

D.C. Mun. Regs. tit. 6, r. 6-B899

Final Rulemaking published at 51 DCR 9706 (October 15, 2004); as amended by Final Rulemaking published at 51 DCR 10410 (November 12, 2004); as amended by Final Rulemaking published at 54 DCR 725 (January 26, 2007); as amended by Final Rulemaking published at 56 DCR 2571 (April 3, 2009); as amended by Final Rulemaking published at 61 DCR 2122 (March 14, 2014)
Authority: Mayor's Order 2008-92, dated June 26, 2008; and in accordance with the provisions of Chapter VIII 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 § 1-608.01 (e-1) (2012 Repl. & 2013 Supp.)).