An appointee to the Excepted Service shall be domiciled in the District of Columbia at the time of his or her appointment or within 180 days of their appointment and shall remain domiciled in the District of Columbia during the period of the appointment, to be considered a bona fide resident. The failure to become a District of Columbia domiciliary or to maintain a District of Columbia domicile shall result in the forfeiture of the position to which the person has been appointed. Domicile shall be proven by affirmative acts by an employee who is not a District of Columbia domiciliary and does not maintain a principal place of residence in the District of Columbia at the time of his or her appointment with the District government. Proof of domicile within the District of Columbia shall be established by meeting the requirements of subsection (d) of this section. An employee shall fulfill the requirements of subsection (d) of this section by filing a sworn affidavit with the Office of Personnel or other appropriate personnel authority, that affirms the employee has undertaken affirmative acts to comply with each requirement and, if a requirement is inapplicable, the reasons why the requirement does not apply. An Excepted Service appointee shall establish and certify that the District of Columbia is his or her domicile and principal place of residence as follows: When providing proof of District of Columbia domicile, the employee shall have the burden of proof of establishing that the District of Columbia is his or her principal place of residence. When the employee is not a domiciliary of the District of Columbia, and does not maintain his or her principal place of residence in the District of Columbia, domicile may be established by the employee providing evidence of the intent to change his or her domicile and acquiring a principal place of residence in the District of Columbia. Proof of the intent to change his or her domicile to the District of Columbia and acquire a principal place of residence in the District of Columbia shall include the following documents in addition to the requirements in section 305.3 of the District of Columbia Personnel Regulations: A copy of a change of address form filed with the United States Postal Service containing the address of the employee’s principal place of residence in the District of Columbia; A copy of an executed contract of sale for the real property that was the employee’s principal place of residence at the time of accepting the appointment, if the employee owns a principal place of residence outside of the District of Columbia; or A change in the public records of the state where the employee was domiciled to show that the residence outside of the District of Columbia is no longer the employee’s principal place of residence; Utility bills, including electric, gas, telephone, cable, water, or other residency related bills associated with occupying real property in the District of Columbia, where the billing and mailing address are the same as the principal place of residence in the District of Columbia of the employee; A bank account in the District of Columbia in the name of the employee; District of Columbia and federal income tax returns that use the District of Columbia address which is the employee’s principal place of residence; Professional dues statements mailed to the employee’s principal place of residence in the District of Columbia; A sworn affidavit from the employee that the administration of the employee’s estate is subject to District of Columbia probate and estate taxes; Credit card or brokerage account statements mailed to the employee’s principal place of residence in the District of Columbia; Automobile, health, and life insurance contracts for the employee based upon the employees principal place of residence in the District of Columbia; Mortgage statements for the employee’s principal place of residence in the District of Columbia, or an executed lease for the employee’s principal place of residence in the District of Columbia; and A sworn affidavit from the employee that the employee’s income, from any source, is subject to District of Columbia withholding tax and taxation. A person hired in the Excepted Service prior to March 16, 1989, who was required to be or become a District of Columbia resident within 180 days of appointment and maintain that residency or forfeit employment, shall continue to be bound by this domicile requirement after March 16, 1989. Repealed. Pursuant to rules and regulations which the personnel authority shall prescribe, the personnel authority may grant waivers of the domicile requirements in subsections (a) through (e) of this section for appointees to positions in the Excepted Service presenting exceptional circumstances or for appointees to hard to fill positions. The Mayor shall transmit the rules and regulations specifying how waivers shall be implemented for employees presenting exceptional circumstances or for employees appointed to hard to fill positions to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not act within the specified 45-day period, the rules and regulations shall be deemed approved. A person hired in the Excepted or Executive Service prior to October 1, 2002, who was required to be or become a District of Columbia resident within 180 days of appointment and maintain that residency or forfeit employment, shall continue to be bound by the terms of the residency requirement in effect at the time of hiring, and any waivers of the residency requirement previously granted to the person shall continue in effect. The requirements of D.C. Law 14-185 shall only apply to persons hired after October 1, 2002. The Office of the Inspector General shall meet the definitions of “hard to fill” position or “exceptional circumstances” to receive a waiver of the District of Columbia’s residency and domicile laws for new hires. For the purposes of this subsection, the term: “Hard to fill position” means a position so designated by the personnel authority on the basis of demonstrated recruitment and retention problems inherent in the position due to the uniqueness of the duties and responsibilities and the unusual combination of highly specialized qualification requirements for the position. “Exceptional circumstances” means conditions or facts that are uncommon, deviate from or do not conform to the norm, or are beyond willful control, which are presented to the personnel authority by the Inspector General when hiring an individual to fill a position in the Excepted or Executive Services, and which shall be considered by the personnel authority in determining the reasonableness of granting a waiver of the domicile requirement pursuant to this section and § 1-610.59 . The Office of Personnel shall have the authority to grant the Office of the Inspector General waivers of the domicile requirement for new positions or hires in the Office of the Inspector General when those positions or hires present exceptional circumstances or for appointees or hires in hard to fill positions.
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