(a) COST shall consist of 3 voting members. The voting members of COST 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 Attorney General, 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 COST.

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

(c) Except as provided in subsection (d) of this section, each member of COST shall serve a 3-year term and shall be eligible for reappointment. The terms of the first members of COST shall commence on May 1, 2003, and shall expire as provided in subsection (d) of this section. All subsequent terms for members of COST 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 COST 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 COST appointed by the Mayor shall expire on April 30, 2004. The initial term of the voting member of COST appointed by the Chairman of the Council shall expire on April 30, 2005. The initial term of the voting member of COST appointed by the Chief Judge of the Superior Court of the District of Columbia shall expire on April 30, 2006.

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

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

(g) No member of COST 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; Dec. 13, 2017, D.C. Law 22-33, § 1022(b), 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 1072(e), 65 DCR 9388.)

For temporary (90 days) amendment of this section, see § 1072(e) 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(e) 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(b) 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(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).