D.C. Mun. Regs. tit. 8, r. 8-A1007

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

Rule 8-A1007 - CERTIFICATION OF RESIDENCY

1007.1

Each applicant who is appointed to a position in the Educational Service and who claimed a District residency preference on his or her application for employment shall sign a statement that certifies the following:

(a) That the appointee has received written notification of the requirement to maintain bona fide District residency for a period of at least five (5) consecutive years from the effective date of appointment to the position;

(b) That the appointee has read the notice, has been afforded an opportunity to ask questions about the residency requirement, and understands the residency requirement;

(c) That the appointee understands that failure to maintain residency in the District of Columbia for five (5) consecutive years after the effective date of appointment will result in forfeiture of his or her employment at the School of Law; and

(d) That the place of residence stated in the certification is his or her actual, regular, and principal place of occupancy.

1007.2

A [an] employee in the Educational Service who was appointed before the effective date of the Residency Preference Amendment Act of 1988 (the "Act") and who claims exemption from further application of the residency requirement on the grounds that the employee has maintained District residency for at least five (5) consecutive years after the effective date of appointment shall be required to certify in writing, on a form approved by the Dean, that he or she was a bona fide District resident during the five (5) year period claimed.

1007.3

An employee in the Educational Service who was appointed after the effective date of the Act and claimed a District residency preference in connection with that appointment, and who claims exemption from further application of the residency requirement on the grounds that the employee has maintained District residency for at least five (5) consecutive years after the effective date of appointment shall be required to certify in writing, on a form approved by the Dean, that he or she was a bona fide District resident for the period claimed.

1007.4

In addition to the certificate of residency executed under §§ 1007.1, 1007.2, or 1007.3, the Dean or the Dean's designee shall make a finding that the employee is a bona fide District resident or was a bona fide District resident during the period claimed.

1007.5

The signed certificate of residency executed under this section and the written finding of bona fide District residency made by the Dean or the Dean's designee under § 1007.4 of this section shall be placed in the employee's permanent personnel file.

1007.6

In determining whether an employee is, or has been for a period of five (5) consecutive years, a bona fide resident of the District of Columbia for purposes of this chapter, the Dean may require the submission of evidence, including supporting documentation, of any or all of the following:

(a) The home mailing address(es) of the employee;

(b) Voter registration;

(c) Valid, unexpired motor vehicle registration(s);

(d) Valid, unexpired motor vehicle operator's permit(s);

(e) Withholding and proof of payment of personal income tax;

(f) Title(s) to residential real property or a valid, unexpired lease agreement(s); and

(g) Any other documentary or testimentary evidence which is reliable and probative of the issue of residency.

D.C. Mun. Regs. tit. 8, r. 8-A1007

Final Rulemaking published at 35DCR 4365 (June 10, 1988; as amended by Final Rulemaking published at 36 DCR 5661 (August 1989)