Code of the District of Columbia

§ 2–1831.08. Administrative Law Judges.

(a) Administrative Law Judges shall be accountable and responsible for the fair, impartial, effective, and efficient disposition of cases to which they are assigned by the Chief Administrative Law Judge.

(b) An Administrative Law Judge shall be appointed to the Excepted Service as a statutory officeholder pursuant to § 1-609.08, upon the affirmative vote of a majority of the voting members of COST after a selection process in accordance with rules promulgated pursuant to § 2-1831.11(a) and (b).

(c)(1) The initial term of office of an Administrative Law Judge appointed prior to December 6, 2005, shall be 2 years, at the end of which the Administrative Law Judge shall be eligible for reappointment by COST to a term of 10 years. After serving an initial reappointment term of 10 years, the Administrative Law Judge shall be eligible for reappointment by COST to a new term of 6 years.

(2) The initial term of office of an Administrative Law Judge hired after December 5, 2005, shall be 2 years, at the end of which the Administrative Law Judge shall be eligible for reappointment by COST to a term of 6 years.

(3) At the expiration of any 6-year term of office, an Administrative Law Judge shall be eligible for reappointment by COST to a new term of 6 years.

(4) Non-reappointment of an Administrative Law Judge shall not be deemed to be discipline or removal of the Administrative Law Judge.

(d) To be eligible for appointment, an Administrative Law Judge shall:

(1) At the time of appointment, be a member in good standing of the District of Columbia Bar and remain in good standing throughout his or her tenure as an Administrative Law Judge;

(2) If appointed to a position at grade 15 or below, be subject to the residency requirements applicable to attorneys pursuant to § 1-609.06(c);

(3) If appointed to a position at a level higher than grade 15, be subject to the residency requirements placed on members of the Senior Executive Attorney Service pursuant to § 1-608.59;

(4) Have at least 5 years experience in the practice of law, including experience with court, administrative, or arbitration litigation;

(5) Possess judicial temperament, expertise, experience, and analytical and other skills necessary and desirable for an Administrative Law Judge; and

(6) Satisfy all other requirements specified in rules promulgated pursuant to § 2-1831.11(a) and (b);

(e) An individual occupying a position as a hearing officer in an agency at the time the agency becomes subject to this chapter is eligible to be appointed as an Administrative Law Judge in the Office; provided, that he or she satisfies all the requirements for appointment as an Administrative Law Judge specified in this chapter and in the rules promulgated pursuant to this chapter.

(f) No hearing officer shall be required to accept an appointment as an Administrative Law Judge pursuant to subsection (e) of this section. Any hearing officer who is not appointed or is ineligible to be appointed as an Administrative Law Judge shall be reassigned, without reduction in grade or step, to another position within the agency employing that individual, or by the Mayor to a position in another agency.

(g) Any Administrative Law Judge appointed pursuant to the authority of subsection (e) of this section who is not reappointed after expiration of his or her initial 2-year term may be appointed to the Legal Service, and be placed in a position in the agency that employed the individual immediately before he or she accepted the appointment as an Administrative Law Judge or in any other position designated by the Attorney General.

(h) The compensation of an Administrative Law Judge shall not exceed the compensation level available to attorneys of the Senior Executive Attorney Service created by § 1-608.53.


(Mar. 6, 2002, D.C. Law 14-76, § 11, 48 DCR 11442; Apr. 4, 2006, D.C. Law 16-83, § 2(c), 53 DCR 1059; Mar. 2, 2007, D.C. Law 16-191, § 125, 53 DCR 6794; Dec. 13, 2017, D.C. Law 22-33, § 1022(c), 64 DCR 7652; June 9, 2018, D.C. Law 22-112, § 2(c), 65 DCR 4600; Oct. 30, 2018, D.C. Law 22-168, § 1072(f), 65 DCR 9388.)

Section References

This section is referenced in § 2-1831.06, § 2-1831.11, and § 2-1831.12.

Effect of Amendments

D.C. Law 16-83 rewrote subsec. (c) which read as follows: “(c) The initial term of office of an Administrative Law Judge shall be 2 years, at the end of which the Administrative Law Judge shall be eligible for reappointment to a term of 10 years. At the expiration of any 10-year term of office, an Administrative Law Judge shall be eligible for reappointment by the Commission to a new term of 10 years. Non-reappointment of an Administrative Law Judge shall not be deemed to be discipline or removal of the Administrative Law Judge.”

D.C. Law 16-191, in subsec. (c)(1), validated a previously made technical correction.

Applicability

Applicability of D.C. Law 22-112: § 4 of D.C. Law 22-112 provided that the change made to this section by § 2(c) of D.C. Law 22-112 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1072(f) 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(f) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 1022(c) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1022(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 2(c) 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(c) 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).