D.C. Mun. Regs. r. 27-814

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

Rule 27-814 - COMPLAINT PROCEDURE AND DEPARTMENT INTERNAL HEARING

814.1

Any person may file a complaint with the Department, pursuant to Section 2363(e)(1) of the Act (D.C. Official Code § 2-218.63(e)(1)), by submitting to the Department a completed written notarized complaint form, provided by the Department, identifying the nature of the complaint and swearing to the truth of the allegations in the complaint.

814.2

The Department shall review the complaint and determine the action to be taken as outlined in the Act and these regulations.

814.3

(a) If the Department determines that a complaint is not frivolous or otherwise without merit, it shall investigate the facts surrounding the allegations, including reviewing the file and all paperwork contained therein, interviewing witnesses, or any other reasonable action necessary given the nature of the allegations in the complaint.

(b) Within three (3) months of the filing of the complaint, the Department shall:

(1) Conduct an internal hearing at a location and time determined by the Department if it does not determine that there was no violation of the Act or these regulations upon completing its investigation; or

(2) If the Department determines there was no violation of the Act or these regulations upon completing its investigation, to the Department shall notify the complainant and the business entity of that determination.

814.4

An internal hearing conducted by the Department conducted pursuant to Subsection 814.3(b)(1):

(a) Shall be open to the public;

(b) The complainant and the business entity shall be given notice to attend at least thirty (30) days before the hearing date;

(c) The complainant shall testify;

(d) The respondent shall have a right to:

(1) Be present in person;

(2) Designate a representative or representatives to appear on their behalf;

(3) Present oral and documentary evidence;

(4) Submit rebuttal evidence; and

(5) Cross-examine opposing witnesses.

(e) The Department may exclude or order the removal of any participant in an internal hearing who becomes disruptive to the internal hearing process.

814.5

The Department shall issue a decision in writing no later than thirty (30) days after the conclusion of the internal hearing.

814.6

A decision of the Department that is adverse to a business entity shall contain the following:

(a) Findings of fact;

(b) Conclusions of law;

(c) Final decision; and

(d) A statement informing the business entity that pursuant to Section 2363(g) of the Act (D.C. Official Code § 2-218.63(g)), the business entity has a right to file an appeal with the Office of Administrative Hearings ("OAH") within twenty (20) calendar days after service of the Department's decision.

814.7

The Department shall serve a copy of the decision on the business entity, representative and counsel if any, and the complainant within ten (10) days of the date the Department issues the decision.

814.8

Upon appeal of the Department's decision, the decision of OAH shall be the final administrative decision for judicial review in accordance with Section 2363(g)(3) of the Act (D.C. Official Code § 2-218.63(g)(3)).

D.C. Mun. Regs. r. 27-814

Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5634 (July 10, 2009); amended by Final Rulemaking published at 70 DCR 10970 (8/11/2023)

Authority: Section 2372 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005 (Act), effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.72 )(2009 Supp.) and Mayor's Order 2009-58, dated April 15, 2009.