632. FINALITY OF DECISION

632 INITIAL DECISION 632.1 The Administrative Judge shall issue an initial decision. Such decision shall be issued no later than 120 business days after the employee files a complete petition for appeal. However, the Administrative Judge may extend this period for a reasonable time under extraordinary circumstances. 632.2 The Administrative Judge may, at the conclusion of an evidentiary hearing, render an oral decision, in which case an initial decision in writing shall be issued within thirty (30) days. 632.3 Each initial decision shall contain: (a) Findings of fact and conclusions of law, as well as the reasons or bases therefor, upon all the material issues of fact and law presented on the record; (b) An order as to the final disposition of the case, including appropriate relief if granted; (c) The date upon which the decision will become final; and (d) A statement of the right to seek further administrative remedy, including the right to petition for review. 632.4 Notwithstanding any other provision of these rules, the Office shall not reverse an agency's action for error in the application of its rules, regulations, or policies if the agency can demonstrate that the error was harmless. "Harmless error" shall mean: Error in the application of the agency's procedures, which did not cause substantial harm or prejudice to the employee's rights and did not significantly affect the agency's final decision to take the action. 632.5 The Office shall serve a copy of the initial decision on each party to the proceeding. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).