915.1 In accordance with Section 881 (a) of the CMPA (D.C. Official Code § 1-608.81 (a)) (2006 Repl.), the provisions of this section are applicable to each attorney appointed in the Excepted Service at grade level 13 (or "ES-7" for Excepted Service attorneys who are compensated under the ES Schedule) or equivalent and above who is required to be a member of the D.C. Bar as a prerequisite of employment, and who is employed by:

(a) The Office of the Chief Financial Officer;

(b) Any agency, independent or subordinate, and whose duties, in whole or substantial part, consist of hearing cases as an administrative law judge or as an administrative hearing officer; and

(c) Any independent agency excluded from the Legal Service, including the Housing Finance Agency, Pretrial Services Agency, Water and Sewer Authority, and Housing Authority.

915.2 Not later than December 15 of each year, or as specified in Subsections 915.18 and 915.19 of this section, each attorney as described in Subsection 915.1 of this section must file with the D.C. Department of Human Resources (DCHR) a certificate of good standing from the Committee on Admissions, D.C. Court of Appeals.

915.3 Except as specified in Subsections 915.18 and 915.19 of this section, the certificate of good standing submitted every year pursuant to this section must be dated not earlier than October 1 and not later than December 15 of the year of submission.

915.4 Each subordinate agency or independent personnel authority that employs Excepted Service attorneys subject to the filing requirement is responsible for:

(a) Notifying each agency attorney of the filing requirement every year; and

(b) Submitting a list of agency attorneys subject to the filing requirement to the Director of the DCHR every year, not later than the December 15 deadline.

915.5 Notwithstanding the procedures in Subsection 915.2 of this section, each subordinate agency or independent personnel authority may elect to submit every year to the Committee on Admissions, D.C. Court of Appeals, a consolidated listing requesting certificates of good standing (certificates) for each agency

attorney subject to the filing requirement, and file the original individual certificates with the DCHR on behalf of each attorney.

915.6 A subordinate agency or independent personnel authority that elects to submit a consolidated listing as specified in Subsection 915.5 of this section is responsible for establishing internal procedures for the compilation of the consolidated listing and every year inform each attorney subject to the filing requirement of the internal procedures. Any consolidated listing submitted to the Committee on Admissions, D.C. Court of Appeals (Court) must include, at a minimum, the following:

(a) The attorney's name and bar number and, if necessary, some other identifier such as the attorney's date of admission to the D.C. Bar;

(b) A request that an individual certificate be prepared for each attorney in good standing from the names submitted in the consolidated listing; and

(c) A request that the Court specify which attorneys, from the names submitted in the consolidated listing, are not in good standing.

915.7 Any consolidated listing prepared pursuant to Subsection 915.5 of this section must be submitted to the Committee on Admissions, D.C. Court of Appeals, as soon after October 1 of each year as practicable, but not later than November 15 of each year.

915.8 Nothing in this section prevents an attorney subject to the filing requirement from individually applying for the certificate of good standing (certificate) from the Committee on Admissions, D.C. Court of Appeals, and filing the certificate directly with the DCHR by December 15 of each year.

915.9 Each subordinate agency head or independent personnel authority that elects to submit a consolidated listing to the Committee on Admissions, D.C. Court of Appeals (Court) pursuant to Subsection 915.5 of this section will provide every year to the Director, DCHR:

(a) Each original individual certificate of good standing received;

(b) The name of each attorney who is not in good standing and any documentation from the Court to that effect; and

(c) A copy of the consolidated listing submitted to the Court.

915.10 Upon receipt of the original individual certificate of good standing (certificate) from each attorney, or subordinate agency or independent personnel authority on

his or her behalf, the Director of the DCHR (or his or her designee) will:

(a) File the original individual certificates in a place designated for that purpose; and

(b) In the case of an attorney who is not in compliance with the filing requirement, forward the name to the appropriate agency head.

915.11 Notwithstanding any other provision in this section, the Director, DCHR, may establish internal procedures to identify every year each attorney as described in Subsection 915.1 of this section who is subject to the filing requirement and subsequently identify any attorney who did not comply with the filing requirement.

915.12 Failure of any attorney as described in Subsection 915.1 of this section, either individually, or through his or her employing subordinate agency or independent personnel authority, to file the certificate of good standing with the DCHR by December 15 of each year, or as specified in Subsections 915.18 or 915.19 of this section, will result in forfeiture of employment.

915.13 Upon written request from an attorney subject to the filing requirement, the Director of the DCHR or independent personnel authority may grant a temporary waiver of the filing requirement to the attorney if compliance with the filing requirement by December 15 is inordinately difficult due to circumstances beyond his or her control or other good cause.

915.14 Any request for a temporary waiver of the filing requirement must be submitted by the attorney to the Director of the DCHR or independent personnel authority not later than December 1.

915.15 The Director of the DCHR or independent personnel authority will grant a temporary waiver of the filing requirement to an attorney who has exercised due diligence in applying to be waived in to the D.C. Bar from another jurisdiction but does not anticipate being waived in by December 15.

915.16 A request for temporary waiver of the filing requirement must include all of the following:

(a) The reason or reasons for the request;

(b) The date of appointment to the attorney position subject to the filing requirement;

(c) In the case of an attorney as described in Subsection 915.15 of this

section, the date he or she submitted application to be waived in to the D.C. Bar; and

(d) Any appropriate or required supporting material or documentation to substantiate the request.

915.17 The Director of the DCHR or independent personnel authority will promptly determine whether to grant the request for a temporary waiver of the filing requirement and notify the attorney in writing. A notification granting the request must inform the attorney of the deadline to file prescribed in section 915.18 of this section. A notification denying the request must inform the attorney of the following:

1. (a) The reason or reasons for the denial of the request;
2. (b) That he or she has thirty (30) days from the receipt of the notification denying the request to attempt to file the certificate of good standing (certificate) with the DCHR;
3. (c) That he or she will be terminated at the end of the prescribed thirty-day (30-day) period if unable to file the certificate with the DCHR within the prescribed period; and
4. (d) The effective date of termination in the event that he or she is unable to file the certificate with the DCHR within the prescribed period.

915.18 An attorney granted a temporary waiver of the filing requirement (waiver) must file a certificate of good standing (certificate) with the DCHR within thirty (30) days of being admitted to the D.C. Bar. A certificate filed pursuant to this subsection must not be dated earlier than the date of the written request for the waiver submitted by the employee.

915.19 When a personnel action placing an employee in an attorney position subject to the filing requirement, such as in the case of a promotion to a grade 13 (or "ES-7" for Excepted Service attorneys who are compensated under the ES Schedule) or equivalent, becomes effective on or after the December 15 deadline, the attorney will file a certificate of good standing (certificate) with the DCHR within thirty (30) days of the effective date of such personnel action. A certificate filed pursuant to this subsection must not be dated earlier than the effective date of the personnel action that placed the employee in the attorney position subject to the filing requirement.

915.20 Upon establishing the effective date of a personnel action as described in section 915.19 of this section and processing the action, the Director of the DCHR or

independent personnel authority will promptly inform the affected employee, in writing, of the deadline to file prescribed in Subsection 915.19 of this section.

915.21 Each subordinate agency or independent personnel authority will provide a written notice of the intent to terminate employment to any agency attorney who is not in compliance with the filing requirement (requirement), except that in the case of a denial of a request for a temporary waiver of the requirement, notification will be accomplished as specified in Subsection 915.17 of this section. The notice will inform the attorney:

(a) That he or she has thirty (30) days from the receipt of the notice to attempt to file the certificate of good standing (certificate) with the DCHR;

(b) That he or she will be terminated at the end of the prescribed thirty-day (30-day) period if unable to file the certificate with the DCHR within the prescribed period; and

(c) The effective date of termination in the event that he or she is unable to file the certificate with the DCHR within the prescribed period.

915.22 Each appointee to an attorney position subject to the filing requirement (requirement) will be notified by the appropriate personnel authority at the time of hire, in writing, of the requirement, and that failure to comply by December 15 of each year or as specified in Subsections 915.18 and 915.19 of this section, as applicable, will result in forfeiture of employment.

915.23 Not later than March 1 of each year after the December 15 filing deadline for the preceding year, the Director of the DCHR will publish in the D.C. Register the list of attorneys who have not met the filing requirement.

SOURCE: Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 50 DCR 10565 (December 12, 2003); as amended by Final Rulemaking published at 51 DCR 10416 (November 12, 2004); as corrected by Errata Notice published at 51 DCR 10934 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008).