D.C. Mun. Regs. tit. 6, r. 6-B3703

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 6-B3703 - QUALIFICATIONS OF ADMINISTRATIVE LAW JUDGES

3703.1

An Administrative Law Judge must be a member of the District of Columbia Bar at the time of his or her appointment, and must remain a member of the District of Columbia Bar throughout his or her tenure as an Administrative Law Judge.

3703.2

At the time of appointment, an Administrative Law Judge must have at least five years' experience in the practice of law, including substantial litigation experience in court, in an administrative agency or in arbitration.

3703.3

An Administrative Law Judge appointed to a position at Grade 15 or below is subject to the residency requirements applicable to attorneys pursuant to section 906(c) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, D.C. Law 2-139, as amended (D.C. Official Code § 1-609.06(c) ).

3703.4

An Administrative Law Judge appointed to a position at a level higher than Grade 15 shall be subject to the residency requirements placed on members of the Senior Executive Attorney Service pursuant to section 859 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 § 1-608.59) .

3703.5

An Administrative Law Judge shall possess judicial temperament, judgment, expertise, experience and analytical and other skills necessary and desirable for an Administrative Law Judge.

3703.6

An Administrative Law Judge shall be a person of good moral character. Without limiting the foregoing, no person may be appointed or serve as an Administrative Law Judge who:

(a) Has been convicted (on any plea) of a felony at any time;

(b) Has been convicted (on any plea) of a misdemeanor involving moral turpitude within the ten (10) years preceding the date of his or her appointment; or

(c) Has been convicted (on any plea) of a misdemeanor involving moral turpitude while serving as a hearing officer, without regard to the date of conviction. This section shall not preclude the appointment or service as an Administrative Law Judge of any person who has been pardoned for any offense described in subsections (a) through (c). For purposes of subsections (b) and (c), a misdemeanor is one involving moral turpitude if it would be considered an offense involving moral turpitude within the meaning of D.C. Official Code § 11 - 2503(a).

3703.7

The Commission may seek any information concerning an applicant that will assist it in determining whether the applicant satisfies any of the standards of this Chapter.

3703.8

No person may be appointed or re-appointed to any term as an Administrative Law Judge who fails to provide any necessary release or fails to cooperate in any other way with the efforts of the Commission or any of its designees to obtain any of the information described in section 3703.7.

3703.9

Except as provided in sections 3702.11 and 3702.12, no person may be appointed as an Administrative Law Judge unless that person has obtained a passing grade on a qualifying examination devised and administered in accordance with section 3704.

D.C. Mun. Regs. tit. 6, r. 6-B3703

Emergency and Proposed Rulemaking published at 50 DCR 8619 (October 10, 2003) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 990 (January 23, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 7033 (July 16, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 4793 (May 20, 2005) [EXPIRED]