D.C. Mun. Regs. r. 1-706

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 1-706 - CONFIDENTIALITY

706.1

Proceedings of the Board shall be subject to the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571et seq.), except that Board proceedings shall be held in closed sessions when permitted by subsection 703.7.

706.2

Persons other than Board members who attend any Board meeting that is closed to the public shall not disclose what occurred at the meeting to anyone who was not in attendance, except insofar as disclosure is necessary for that person to comply with a request for information from the Board in accordance with section 206(b)(1) of the Clemency Act (D.C. Official Code § 24-481.06(b)(1)) .

706.3

Board members who attend closed meetings shall not disclose what occurred with anyone who was not in attendance (except other Board members), except insofar as disclosure is necessary to carry out the duties of the Board in accordance with section 206(b)(2) of the Clemency Act (D.C. Official Code § 24-481.06(b)(2)) .

706.4

In accordance with section 207 of the Clemency Act (D.C. Official Code § 24-481.07) , information and records of the Board shall not be disclosed voluntarily, pursuant to a subpoena, in response to a request for discovery in any adjudicative proceeding, or in response to a request made under the Freedom of Information Act, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531et seq.), nor shall they be introduced into evidence in any administrative, civil, or criminal proceeding, except that:

(a) Information and records of the Board may be disclosed by members of the Board only as necessary to carry out the Board's duties and purposes;

(b) A member of the Board who discloses information pursuant to this subsection shall take all reasonable steps to ensure that the information disclosed, and the persons to whom the information is disclosed, are as limited as possible; and

(c) Information and records presented to the Board shall not be immune from subpoena or request for discovery in an adjudicative proceeding or prohibited from being introduced into evidence solely because the information and records were presented to the Board, if the information and records have been obtained through sources other than the Board or its members.

D.C. Mun. Regs. r. 1-706

Final Rulemaking published at 68 DCR 13812 (12/24/2021)