(a) Until rules are issued pursuant to § 38-771.06, any party aggrieved by a final decision or order of OSSE imposing sanctions following a determination by OSSE that a violation of this chapter has occurred may obtain a review of the final decision or order by filing a written notice of appeal to the Mayor within 10 calendar days from the date on which OSSE imposed the sanction being contested.
(b) The written notice of appeal shall contain the following information:
(1) The type and the effective date of the sanction imposed;
(2) The name, address, and telephone number of the aggrieved party or the aggrieved party’s representative, if any;
(3) A copy of OSSE’s notice of final decision;
(4) A statement as to whether the aggrieved party or anyone acting on his or her behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding this matter;
(5) The identity of the collective bargaining unit, if any, of which the aggrieved party is a member;
(6) A statement as to whether the aggrieved party requests a hearing;
(7) A concise statement of the facts giving rise to the appeal;
(8) An explanation as to why the aggrieved party believes OSSE’s action was unwarranted and any supporting documentation;
(9) A statement of the specific relief the aggrieved party is requesting; and
(10) The signature of the aggrieved party and his or her representative, if any.
(c) If a hearing is requested, the Mayor shall hold a hearing within 30 calendar days after the receipt of the notice of appeal and hearing request and shall issue a written ruling no later than 10 calendar days after the hearing. If no hearing is requested, the Mayor shall issue a written ruling within 30 days of receipt of the notice of appeal.
(d) Appeals filed pursuant to this section, and any hearings held, shall be administered in accordance with § 2-501 et seq.
(e) For the purposes of this section, a notice of appeal is considered received on the date it was postmarked.
(Oct. 17, 2013, D.C. Law 20-27, § 107, 60 DCR 11120.)
This section is referenced in § 38-771.05.
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