D.C. Mun. Regs. tit. 6, r. 6-B907

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B907 - EMPLOYEE RIGHTS
907.1

Appointment to the Excepted Service does not create a permanent career status.

907.2

Except as otherwise provide in this section, a person appointed to the Excepted Service shall serve at the pleasure of the appointing personnel authority; may be terminated at any time, with or without a stated reason; and does not have any right to appeal the termination.

907.3

A person serving in an Excepted Service statutory position who is appointed in accordance with a statute that provides for a term of years and is subject to removal for cause may be removed only as provided for in the applicable statute.

907.4

If the statute that provides for a term of years does not specify the removal procedure of the incumbent, the appointing authority shall satisfy the incumbent's minimal due process rights by affording the incumbent an opportunity to present objections to the proposed action to a fair, neutral decision-maker.

907.5

Except as provided in § 907.3, when contemplating termination, the appointing personnel authority shall give the incumbent at least fifteen (15) days advance written notice of the proposed action. Though not required, the notice may explain the reason for the termination.

907.6

The fifteen (15) day (15-day) notice is not required for termination on the date previously anticipated for termination, such as in the case of an employee serving under an Excepted Service appointment with a not-to-exceed (NTE) date or other date of anticipated termination included on the appointing personnel action.

D.C. Mun. Regs. tit. 6, r. 6-B907

As amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); and as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); amended by Final Rulemaking published at 62 DCR 14869 (11/13/2015)