§ 2–1831.10. Reappointment and discipline of Administrative Law Judges.

(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.