609. PETITIONS FOR APPEAL

609 PETITIONS FOR APPEAL 609.1 A Petition for Appeal filed pursuant to § 604.1 shall be: (a) Filed on the form approved by the Office; or (b) In writing and contain the following information: (1) The name of the employee; (2) The name of the agency which took the adverse action; (3) The type of adverse action taken by the agency; (4) The effective date of the adverse action taken by the agency; (5) The name, address, email address, and telephone number(s) of the employee's representative, if any; (6) The employee's address, email address, and telephone number(s); (7) A copy of the agency's notice of final decision; (8) A statement as to whether the employee or anyone acting on their behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding the matter; (9) The name of the collective bargaining unit of which the employee is a member, if any; (10) The signature of the employee; and (11) The signature of the employee’s representative, if any. 609.2 Along with the Petition for Appeal filed in accordance with § 609.1, the employee shall submit the following information: A copy of the final agency decision; A statement as to whether the employee requests an evidentiary hearing or oral argument; A concise statement of the facts giving rise to the appeal; An explanation as to why the employee believes the agency's action was unwarranted; and A statement of the specific relief the employee is requesting. 609.3 A Petition for Appeal of a Safety-sensitive Designation filed pursuant to § 604.3 shall be: (a) Filed on the form approved by the Office; or (b) In writing and contain the following information: (1) The name of the employee, agency, and personnel authority which denied the employee’s request to remove the safety-sensitive designation; (2) The employee's address, email address, and telephone number(s); (3) The name, address, email address, and telephone number(s) of the employee's representative, if any; (4) A copy of the personnel authority’s determination to deny the employee’s request to remove the safety-sensitive designation; (5) A statement as to whether the employee: (i) Failed a job-related drug test; (ii) Is subject to an adverse action related to the employee’s failure to pass a job-related drug test; or (iii) Is subject to random drug testing under federal law, or as a condition of federal funding; (6) An explanation of why the employee believes their position should not be designated as safety sensitive; and (7) The signature of the employee and their representative, if any. 609.4 The Office may consider the filing of a Petition for Appeal or Petition for Appeal of a Safety-sensitive Designation incomplete until the employee provides all of the information required in accordance with this section. 609.5 An employee's failure to include a complete address, or to advise the Office of a change in address in writing, shall constitute a waiver of any right to notice and service, and may result in the dismissal of the appeal. 609.6 The Administrative Judge may allow an employee to amend a Petition for Appeal or a Petition for Appeal of a Safety-Sensitive Designation unless the Administrative Judge determines that an amendment would prejudice the rights of another party, or unduly delay the proceedings. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2132 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 609