§ 1–606.04. Agency hearing procedures.

(a) The personnel authority shall establish internal rules and regulations, not inconsistent with the procedures of this subchapter, for conducting hearings affecting individual employees whose removal is proposed or effected for cause pursuant to subchapter XVI-A of this chapter.

(b) The personnel authority shall provide for 15 days advance notice in writing stating the specific reasons for the proposed action prior to an adverse action against an employee for cause that results in removal, a reduction in grade, or a suspension of 10 days or more. This provision may be waived by the agency head if the employee’s conduct threatens the integrity of government operations, constitutes an immediate hazard to the agency, to other employees of the government, or to the employee, or to the public health, safety, or welfare.

(c) The personnel authority shall provide that any employee whose removal from service, reduction in grade, or suspension of 10 days or more is proposed, or whose removal is effected pursuant to § 1-616.51(5) have the following rights:

(1) To review any material upon which the proposal or action is based;

(2) To prepare a written response to the notice provided in subsection (b) of this section, including affidavits and other documentation;

(3) To be represented by an attorney or other representative; and

(4) To be heard, as provided in subsection (d) of this section in the case of a removal.

(d) The personnel authority shall provide an administrative review by a hearing officer appointed by the agency head of a proposed removal action or a removal action pursuant to § 1-616.51(5) including the employee’s response, if any, and may provide for an adversary hearing and the confrontation of witnesses.

(e) The personnel authority shall provide the employee with a written decision following the review provided in subsection (d) of this section, and shall advise each employee of his or her right to appeal to the Office as provided in this subchapter.

(Mar. 3, 1979, D.C. Law 2-139, § 604, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(d)(2), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(g), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-606.4.

1973 Ed., § 1-336.4.

Section References

This section is referenced in § 1-606.05.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), substituted “subchapter XVII-A” for “subchapter XVII”.

Editor's Notes

Applicability of § 101(d) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following:

“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, effective June 10, 1998, (D.C. Law 12-124; 45 DCR 2464) are enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that

“Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Delegation of Authority

Delegations and sub-delegations of authority—Director of Personnel, Chief of Police, and Agency Heads—Rescission of Mayor’s Orders 80-78, 92-114, 99-79 and Deletion of Part I of Mayor’s Order 97-88, see Mayor’s Order 2000-83, May 30, 2000 ( 47 DCR 4956).