D.C. Mun. Regs. r. 27-705

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

Rule 27-705 - COMPLIANCE REVIEW

705.1

The Commission shall periodically review the practices and status of certified MBE's to determine whether they continue to meet the eligibility requirements for certification and are conducting their business activities in accordance with the requirements of D.C. Law 1-95 and this chapter.

705.2

Informal compliance review shall consist of monitoring reports and information submitted by agencies, MBE's, and joint ventures; on-site visits; or interviews and discussions conducted by the Commission staff.

705.3

If the Commission staff discovers correctable non-compliance as the result of an informal compliance review, it may seek compliance by the MBE prior to instituting further proceedings. In those cases, the Staff Director shall issue a Notice of Non-Compliance to the MBE specifying the nature of the alleged non-compliance and recommending steps to be taken by the MBE to correct the stated deficiencies. The staff may enter into discussions with the MBE to attempt to resolve the compliance problem(s) informally.

705.4

If the informal compliance procedures result in the correction of the deficiencies, the Staff Director shall make a report to the Commission which shall include the following:

(a) The compliance review findings;

(b) A copy of the Notice of Non-Compliance;

(c) The steps taken to correct any deficiencies; and

(d) The results of a follow-up investigation.

705.5

If the informal compliance procedures do not result in the correction of all deficiencies, the Staff Director may institute formal compliance review proceedings or, if formal compliance review procedures are unnecessary, submit a Compliance Review Report to the Commission.

705.6

Upon receipt of a sworn complaint from any person or a report of alleged violation by an agency head, the Commission may direct the Commission staff to conduct an informal compliance review or it may order a formal compliance review investigation which may include the following:

(a) On-site visits;

(b) Interviews and discussions with MBE representatives;

(c) Requests for submission of information;

(d) Audit of MBE books and records; and

(e) Other means of determining the validity of the charge of alleged non-compliance.

705.7

Upon completion of the formal compliance review process, the Commission staff shall prepare and submit a report to the Commission setting forth its findings and recommendations.

705.8

Upon receipt of the Compliance Review Report, the Commission may hold an informal preliminary hearing at which the MBE shall be allowed to appear and state its position on the allegations. After the informal preliminary hearing or without an informal hearing if the Commission so determines, the Commission shall take one of the following actions:

(a) Dismiss the allegations as unfounded or trivial; or

(b) Adopt formal charges and conduct a formal hearing on the allegations in accordance with the provisions of § 708.

D.C. Mun. Regs. r. 27-705

Final Rulemaking published at 26 DCR 2771, 2786 (December 21, 1979)