604.1 Except as otherwise provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-601.01 et seq. (2016 Repl. & 2019 Supp.)) or § 604.3, any District of Columbia government employee may appeal a final agency decision affecting:

1. (a) A performance rating which results in removal of the employee;
2. (b) An adverse action for cause which results in removal;
3. (c) A reduction in grade;
4. (d) A suspension for ten (10) days or more;
5. (e) A reduction-in-force; or
6. (f) A placement on enforced leave for ten (10) days or more.

604.2 An appeal filed pursuant to § 604.1 must be filed within thirty (30) days of the effective date of the appealed agency action.

604.3 In accordance with § 2 of the Medical Marijuana Program Patient Employment Protection Amendment Act of 2020, effective April 27, 2021 (D.C. Law 23-276; D.C. Official Code §§ 1-606.03a and 1-615.03a), an employee has the right to appeal the designation of the employee's position as safety-sensitive under the following circumstances:

1. (a) The employee is in a position designated as safety sensitive;
2. (b) Within forty-five (45) business days after the employee receives the notification of rights;
3. (c) Within forty-five (45) business days after an employee becomes a qualifying patient; or
4. (d) Within forty-five (45) business days after the employee receives notice that the employee's position will be newly designated as safety sensitive.

604.4 An appeal filed pursuant to § 604.3 must be filed within thirty (30) calendar days after issuance of the personnel authority's determination.

604.5 An employee may not file an appeal in accordance with § 604.3 solely because:

(a) The employee failed a job-related drug test; or

(b) The employee is facing an adverse action related to the employee’s failure to pass a job-related drug test.

604.6 An employee may not file an appeal in accordance with § 604.3 if the position is subject to random drug testing under federal law or as a condition of federal funding.

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, 2130 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022).