617.1 If an employee dies while the appeal is pending before the Office, and the interest of the deceased employee has not terminated because of the death, the Administrative Judge, upon motion, may order substitution of the proper parties. A motion for substitution may be made within ninety (90) calendar days after the death of the employee.

617.2 If an employee becomes incompetent by reason of mental or physical infirmity, the Administrative Judge, upon motion, may allow the appeal to be continued by the employee's representative.

617.3 When an agency's interest in the appeal is transferred to another District agency, the Administrative Judge may:

(a) Allow the appeal to continue against the original agency;

(b) Order the substitution of the successor agency; or

(c) Join the successor agency with the original agency.

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, 3138 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022).