238 TIME-IN-GRADE REQUIREMENTS

238.1 Employees may advance by promotion or appointment no more than one (1) grade interval, except when he or she meets the following time-in-grade requirements:

1. (a) For employees at grade 12 or above, only after he or she has served one (1) year at the next lower grade, or the equivalent;
2. (b) For an employee at grades 6 through 11, only after he or she has served:
3. (1) One (1) year in a position two (2) grades lower, or its equivalent, when the position to which he or she is advanced is in a line of work properly classified at two (2) grade intervals; or
4. (2) One (1) year at the next lower grade, or its equivalent, when the position to which he or she is advanced is in a line of work properly classified at one (1) grade intervals; and
5. (c) An employee may be advanced to a position at grade 5 or below without regard to time-in-grade requirements.

238.2 Notwithstanding § 238.2, OAG may, but is not required to, waive the time-in-grade requirement when the employee competes for the higher-graded position and is selected based on objective business criteria. Objective business criteria include:

1. (d) The employee's work experience, including prior work performed at or above the new grade;
2. (e) The employee's education, superior academic credentials, or superior academic achievements; and
3. (f) Internal equity.

238.3 If selected for the higher-grade position, an employee who was granted a waiver of the time-in-grade requirements shall be required to complete one (1) year of service in the new position before he or she is eligible for further promotion.

238.4 When applying the time-in-grade requirements of this section and crediting prior service and experience towards meeting time-in-grade, an employee will receive credit for:

1. (g) Prior District or federal government service under an appointment at the same or higher grade than the employee's current appointment;

(h) Any relevant specialized experience with the military, state, or local governments, or with the private sector; and

(i) Any relevant college or university education.

238.5 OAG shall develop procedures for the granting of waivers of the time-in-grade requirements and the circumstances and conditions for crediting prior service towards meeting time-in-grade.

238.6 OAG may not grant time-in-grade waivers for career ladder promotions.

SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022).