2016 District of Columbia Code
Title 2 - Government Administration. §§ 2-101 - 2-1937
Chapter 18A - Office of Administrative Hearings. §§ 2-1831.01 - 2-1831.19
§ 2–1831.07. Commission members.

(a) The Commission shall consist of 3 voting members. The voting members of the Commission shall serve staggered terms, as provided in subsections (c) and (d) of this section. One voting member shall be appointed by the Mayor, one voting member shall be appointed by the Chairman of the Council of the District of Columbia, with the approval of a majority of the Council, and one voting member shall be appointed by the Chief Judge of the Superior Court of the District of Columbia. The Corporation Counsel, or his or her designee from within the ranks of the Senior Executive Attorney Service, and the Chief Administrative Law Judge shall serve as non-voting ex officio members of the Commission.

ex officio

(b) A majority of the voting members of the Commission shall select its chairperson at the start of each fiscal year. In the absence of such a selection, the Commission member appointed by the Chief Judge of the Superior Court of the District of Columbia shall chair the Commission. The Chairperson may designate another member to act for him or her in case of absence or other exigency. A majority of the Commission’s voting members shall constitute a quorum.

(c) Except as provided in subsection (d) of this section, each member of the Commission shall serve a 3-year term and shall be eligible for reappointment. The terms of the first members of the Commission shall commence on May 1, 2003, and shall expire as provided in subsection (d) of this section. All subsequent terms for members of the Commission shall commence immediately upon the expiration of the previous term. If a vacancy exists after the start of any 3-year term of office, the person appointed to fill that vacancy shall be appointed to serve the unexpired portion of the term. If a member of the Commission leaves office before the expiration of his or her term, a new member may be appointed to serve out the remainder of the term.

(d) The initial term of the voting member of the Commission appointed by the Mayor shall expire on April 30, 2004. The initial term of the voting member of the Commission appointed by the Chairman of the Council shall expire on April 30, 2005. The initial term of the voting member of the Commission appointed by the Chief Judge of the Superior Court of the District of Columbia shall expire on April 30, 2006.

(e) Members of the Commission shall not receive any salary or remuneration, but may receive reimbursement of reasonable expenses incurred in connection with their service on the Commission in accordance with applicable law.

(f) No voting member of the Commission shall be eligible for appointment as an Administrative Law Judge or Chief Administrative Law Judge while serving on the Commission and until the passage of at least 3 years from the termination of his or her service on the Commission. No voting member of the Commission shall appear as an attorney or otherwise participate in any professional or representative capacity in any case pending before the Office while serving on the Commission and until the passage of at least 3 years from the termination of his or her service on the Commission. This section does not disqualify any firm or person, other than the member or former member of the Commission, from representing a party in any adjudicated case.

(g) No member of the Commission shall exercise his or her authority, or shall act in any other manner, to direct the outcome of any case pending before the Office.

(Mar. 6, 2002, D.C. Law 14-76, § 10, 48 DCR 11442.)