D.C. Mun. Regs. r. 3-10405

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-10405 - INVESTIGATIONS OF COMPLAINTS
10405.1

The Director shall complete the investigation of a complaint within a reasonable time after the Director's receipt of the complaint and any subsequent requests for information from the Complainant or Public Body.

10405.2

The Director shall transmit a complaint to the Public Body named in the complaint. The Public Body shall respond to the complaint within thirty (30) days of receiving notice of the complaint from the Director. If the Public Body does not respond within thirty (30) days, the Director may issue an Advisory Opinion based on the information available from the complaint and any other relevant sources. In the case of Prospective Complaints, the Director may request an earlier deadline for a response from the Public Body.

10405.3

The Director may grant the Public Body one extension of up to five (5) business days in which to respond to the complaint. Any subsequent extensions may only be granted with the agreement of the Complainant.

10405.4

The response from the Public Body shall address the complaint and any other questions raised by the Director. A response that denies one or more violations of the Open Meetings Act shall include an explanation. A response that admits one or more violations of the Open Meetings Act shall include a plan of corrective action. An individual (officer, counsel, staff) with authorization to represent the Public Body shall sign the response.

10405.5

The Director shall maintain the confidentiality of records of a closed meeting of a Public Body, provided they are submitted with clear markings of the portions to be kept sealed.

10405.6

The Public Body shall provide a copy of its response to the Director and the Complainant at the same time. The copy of the response provided to the Complainant shall omit records of a closed meeting.

10405.7

The Director may request further information from either the Public Body or the Complainant, to be provided within a reasonable time, and in no event less than five (5) business days from the date of the request for further information. The Director may request representatives of the Public Body and the Complainant to attend an informal conference to discuss the complaint.

10405.8

If it is determined after investigation that a Public Body has violated or intends to violate the provisions of the Open Meetings Act, the Director may bring a lawsuit in the Superior Court of the District of Columbia for injunctive or declarative relief pursuant to D.C. Official Code § 2-579, without first issuing an Advisory Opinion.

D.C. Mun. Regs. r. 3-10405

Final Rulemaking published at 61 DCR 13143 (December 26, 2014); amended by Final Rulemaking published at 66 DCR 6673 (5/31/2019)