D.C. Mun. Regs. r. 3-5302

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

Rule 3-5302 - FORMAL INVESTIGATIONS

5302.1

A formal investigation shall be initiated upon:

(a) Receipt of a written complaint transmitted to the Board;

(b) A finding by the Office of the Inspector General or District of Columbia Auditor of waste, fraud, abuse of government resources, or a violation of the Code of Conduct; or

(c) A finding by a court of competent jurisdiction of liability in a civil proceeding, indictment, or information in a criminal proceeding with respect to acts or offenses that may constitute violations of the Code of Conduct or of the Act.

5302.2

A written complaint shall include:

(a) The full name and address of the complainant and the respondent;

(b) A clear and concise statement of facts that are alleged to constitute a violation of the Code of Conduct or of the Act;

(c) The complainant's signature;

(d) A verification of the complaint under oath; and

(e) Supporting documentation, if any.

5302.3

No complaint may be made later than five (5) years after the discovery of the alleged violation.

5302.4

An individual making a complaint shall be afforded all available protections from adverse employment action or retaliation in accordance with the District of Columbia Government Comprehensive Merit Personnel Act and Title II of the Whistleblower Reinforcement Act of 1998, effective October 7, 1998 (D.C. Law 12-160; D.C. Official Code §§ 2-223.01et seq.).

5302.5

Within thirty (30) business days of the initiation of a formal investigation, the Director shall cause evidence concerning the complaint to be presented to the Board with the potential for a 15-business-day extension to be granted by the Board. If the Board decides that there is a reasonable belief tha t a violation has occurred, the Board may authorize the issuance of subpoenas.

5302.6

The Superior Court of the District of Columbia may, upon petition by the Board through the Director, in case of refusal to obey a subpoena or order of the Board issued under § 5302.5, issue an order requiring compliance; and any failure to obey the order of the court may be treated by the court as contempt.

5302.7

The identity of an individual who is the subject of a written complaint transmitted to the Board, other than pursuant to § 5302.1(b) and (c), shall not be disclosed without the individual's consent unless or until t he Board finds reason to believe

that the individual has committed a violation and the Board finds that disclosure would not harm the investigation.

5302.8

Notwithstanding § 5302.7, the Board may, in its discretion, publicly disclose the existence of any investigation.

D.C. Mun. Regs. r. 3-5302

Final Rulemaking published at 60 DCR 747 (January 25, 2013); amended by Final Rulemaking published at 66 DCR 10535 (8/16/2019)

Authority: Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1161.01 et seq.) (2012 Supp.)).