(a) No Administrative Law Judge shall be reappointed upon the expiration of any 2-year, 6-year, or 10-year term without the affirmative vote of a majority of the voting members of COST.
(b) At least 6 months before the expiration of any term, an Administrative Law Judge seeking reappointment to a new term shall file a statement with COST specifying that he or she requests reappointment to a new term. For any Administrative Law Judge who timely files such a statement, the Chief Administrative Law Judge shall prepare a record of the Administrative Law Judge’s performance with regard to that judge’s efficiency, efficacy, and quality of performance over the period of his or her appointment. The record shall be prepared and transmitted to COST within 120 days of the filing of the statement. At a minimum, the record shall contain at least one year of decisions authored by the Administrative Law Judge, data on how the Administrative Law Judge has met applicable objective performance standards, the Chief Administrative Law Judge’s recommendation as to whether the reappointment should be made, and any other information requested by one or more members of COST. The members of COST shall consider all information received with regard to reappointment, and the voting members shall give significant weight to the recommendation of the Chief Administrative Law Judge, unless it is determined that the recommendation is not founded on substantial evidence.
(c) The voting members of COST shall vote on the request for reappointment prior to the expiration of the Administrative Law Judge’s term, but no earlier than 60 days prior to such expiration. A reappointment approved by COST is effective upon expiration of the previous appointment.
(d) During a term of office, an Administrative Law Judge shall be subject to discipline and removal, only for cause, with a right to notice and a hearing before COST pursuant to this chapter and rules issued pursuant to § 2-1831.11(a) and (b). An Administrative Law Judge’s unexcused failure to meet annual performance standards in any 2 years within a 3-year period shall be among the grounds constituting cause for removal.
(e) Any disciplinary action against an Administrative Law Judge proposed by the Chief Administrative Law Judge that would result in a suspension of 10 days or more, a reduction in grade, or removal of the Administrative Law Judge shall take effect only if a majority of the voting members of COST approve the action.
(Mar. 6, 2002, D.C. Law 14-76, § 13, 48 DCR 11442; Apr. 4, 2006, D.C. Law 16-83, § 2(d), 53 DCR 1059; Oct. 30, 2018, D.C. Law 22-168, § 1072(g), 65 DCR 9388.)
Section ReferencesThis section is referenced in § 2-1831.04 and § 2-1831.11.
Effect of AmendmentsD.C. Law 16-83, in subsec. (a), substituted “any 2-year, 6-year, or 10-year term” for “any 2-year or 10-year term”.
Emergency LegislationFor temporary (90 days) amendment of this section, see § 1072(g) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 1072(g) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 day) amendment of section, see § 2(d) of Second Office of Administrative Hearings Rental Housing Emergency Amendment Act of 2005 (D.C. Act 16-246, December 22, 2005, 53 DCR 274).
For temporary (90 day) amendment of section, see § 2(d) of Office of Administrative Hearings Rental Housing Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-333, March 23, 2006, 53 DCR 2596).