156.1 A claimant who is dissatisfied with any other decision issued by the Program may only appeal the decision to the Chief Risk Officer.

156.2 Appeals to the Chief Risk Officer shall:

1. (a) Be filed within fifteen (15) days from the date the decision was issued, unless otherwise provided or good cause is established when filed after fifteen (15) days to permit consideration of the appeal;
2. (b) Contain information required under this chapter; and
3. (c) Include all documents and other evidence in support of the claimant's arguments.

156.3 The Chief Risk Officer shall affirm the Program's decision, if it is supported by substantial evidence in the record. Otherwise, at the discretion of the Chief Risk Officer, the Program's decision may be modified, revised or remanded to the Program with instructions.

156.4 The Chief Risk Officer shall notify the claimant in writing of his or her decision within thirty (30) days of the Program's receipt of the appeal. If no decision is issued within those thirty (30) days, the Program's decision shall be deemed the final decision of the agency.

156.5 The final decision of the agency under § 156.4 may be reviewed by the Superior Court of the District of Columbia on timely petition for review by the employee pursuant to District of Columbia Superior Court Rules of Civil Procedure Agency Review Rule 1.

SOURCE: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12224, 12229 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8771 (July 27, 2012); as amended by Final Rulemaking published at 64 DCR 6325 (July 7, 2017).