306

306.1 Except for employees who have been issued a hardship waiver pursuant to § 304 or issued prior to May 23, 2019, an employee who is subject to and fails to meet the residency requirements of §§ 301 and 302 forfeits his or her District employment, which shall be cause for separation.

306.2 Notwithstanding §§ 1600.2 and 1626 of this Subtitle, whenever there is cause for separation based on a forfeiture of District employment under this chapter, the forfeiture shall be processed as an adverse action consistent with the following procedures:

(a) For employees in the Career and Educational Services, §§ 1614, 1618, 1621, 1622, 1623, and 1625 of Subtitle 6B shall apply.

(b) For employees in the Excepted, Executive, Senior Executive Attorney, Legal, and Management Supervisory Services, §§ 1614, 1618, 1621, 1622, 1623, and 1628 of Title 6-B DCMR shall apply. For purposes of filing a grievance, the grievance official shall be the personnel authority and the grievance shall be reviewed as a final decision pursuant to § 1633.

(c) For the purposes of §§ 1618, 1622, and 1623 of Title 6-B DCMR, the applicable personnel authority shall designate the proposing official, the administrative review officer, and the deciding official.

SOURCE: Final Rulemaking published at 37 DCR 851 (January 26, 1990); 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).