D.C. Mun. Regs. tit. 6-B, § 2402
Actions Not Covered
Effective Jul 13, 201259 DCR 8400, 8401Authority: The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with sections 2401 through 2409 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 §§ 1-624.01, et seq. (2006 Repl. & 2011 Supp.)) Source: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8401 (July 13, 2012).District of Columbia, Office of the Secretary
2402
2402.1
This chapter shall not apply to the following:
- (a) The termination of a temporary promotion;
- (b) The return of an employee to the position from which the employee was promoted on a temporary or term basis;
- (c) Reassignment or demotion to a different position that is not at a lower grade than the position from which an employee was temporarily promoted;
- (d) The return to a former or comparable position of a supervisor or manager who failed to satisfactorily complete the required probationary period;
- (e) Termination of a term appointment upon its expiration date;
- (f) Termination of a temporary appointment, including a Temporary Appointment Pending Establishment of a Register (TAPER);
- (g) Reduction in grade as a result of a position classification action affecting the employee's position;
- (h) Demotion as a result of change in classification standards or error in the application of either of the following:
- (1) Classification or qualification standards; or
- (2) Time-in-grade requirements for promotion;
- (i) The separation of an employee or a change in an employee's position or grade as a result of an action taken pursuant to Chapter 16 of these regulations; or
- (j) Separation of an employee who is not within reach for release from his or her competitive level for refusal to accept a reassignment either to a vacant position or to an encumbered position in his or her competitive level through displacement action.
2402.2
To the extent inconsistent with the provisions of a collective bargaining agreement, this chapter shall not apply to employees covered by such agreement with respect to the specific inconsistencies.
SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by
Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8401 (July 13, 2012).