D.C. Mun. Regs. r. 3-3704

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-3704 - FULL INVESTIGATIONS
3704.1

A full investigation regarding any alleged violation of the Act or Chapters 30-42 of this title shall commence upon a finding of reasonable cause by the Director and notice to the respondent that a full investigation has commenced.

3704.2

The full investigation shall be conducted by evidence gathered and explored by the following:

(a) Subpoena;
(b) Depositions;
(c) Interrogatories;
(d) Interviews;
(e) Audits;
(f) Affidavits;
(g) Documents; and
(h) Other means deemed appropriate.
3704.3

The Director may require any person to submit in writing certain reports and answers to questions, as prescribed by the Director, relating to the administration and enforcement of the Act, and Chapters 30-42 of this title.

3704.4

Any person required by the Director to submit in writing certain reports or to answer questions under oath shall submit such reports and/or answers within seven (7) calendar days after receipt of the request.

3704.5

If any person required by the Director to submit in writing certain reports or to answer questions fails to submit such reports or answers within seven (7) calendar days after receipt of the request, the Director shall issue a subpoena in accordance with § 3707.

3704.6

All submissions of reports or answers shall be made under oath; provided, that the person is not represented by counsel.

3704.7

Within ninety (90) days of receipt of any complaint, the Director shall:

(a) Cause evidence to be presented to the Board, if sufficient evidence exists constituting an apparent violation, pursuant to § 3706;
(b) Dismiss the complaint, if insufficient evidence exists to present the matter, pursuant to § 3705; or
(c) Impose civil penalties, pursuant to § 3711, upon a determination that a violation of the reporting and disclosure requirements prescribed by the Act and/or Chapters 30-42 of this title has occurred.
3704.8

The Director may seek, upon a showing of good cause, an extension of time as reasonably necessary to complete an investigation.

D.C. Mun. Regs. r. 3-3704

Final Rulemaking published at 45 DCR 3161, 3205-06 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3242-3243 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2272, 2273 (March 19, 2010); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); Amended by Final Rulemaking published at 62 DCR 3025 (3/13/2015); amended by Final Rulemaking published at 66 DCR 6632 (5/31/2019); amended by Final Rulemaking published at 66 DCR 15416 (11/22/2019)
Authority: D.C. Official Code § 1-1001.05(a)(14); in conformity with the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, enacted February 27, 2012 (D.C. Act 19-318; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).