304.1 When an employee suffers an extraordinary hardship and must relocate to another state (or remain in another state, in the case of an individual subject to the residency requirement under §§ 301.2 and 302.4) due to exceptional circumstances beyond the employee's control, the employee may apply for a hardship waiver to suspend the residency requirements.

304.2 Application for a hardship waiver shall be made in writing to the personnel authority and, for subordinate agencies, according to any procedures established by the Director of the Department of Human Resources (Director).

304.3 Within thirty (30) days after receiving an application for a hardship waiver, the personnel authority shall issue a written decision either approving or denying the application.

304.4 The written decision shall provide a justification for the personnel authority's decision. Each written decision shall state whether:

(a) There is evidence that the hardship exists;

(b) The hardship necessitates residence outside of the District; and

(c) Granting the waiver is in the best interest of District government.

304.5 A hardship waiver issued pursuant to this section may be issued for no longer than one (1) year.

304.6 A residency waiver granted before May 23, 2019, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.

304.7 At the request of the Inspector General, the Director may issue residency waivers for new positions or hires in the Office of the Inspector General. Such waivers shall be issued only for new positions or hires that present exceptional circumstances or are hard-to-fill positions. Waivers issued under this subsection are not subject to the time limits imposed by § 304.5.

SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 40 DCR 2485 (April 16, 1993); as amended by Final Rulemaking published at 47 DCR 2416 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 00889 (January 31, 2020).