D.C. Mun. Regs. r. 3-5303

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

Rule 3-5303 - DIRECTOR OF GOVERNMENT ETHICS AUTHORITY TO OBTAIN INFORMATION

5303.1

The Director of Government Ethics (Director) shall have the authority to obtain documents, written reports, and answers relating to the enforcement of the Government Ethics Act of 2011 (Act), Title II 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 §§ 1-1161.01et seq.) (2012 Supp.).

5303.2

The Director's authority includes the power to:

(a) Require any person to submit, within a reasonable period and under oath or otherwise as the Director may determine, written reports, and answers to questions that the Director may propound relating to the administration and enforcement of the Act;

(b) Administer oaths;

(c) Require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the Board's duties; provided, that subpoenas issued under this paragraph shall be issued by the Director only upon approval of a majority of the Board and served either personally or by certified or registered mail on the individual named in the subpoena, or by other means agreed to by the individual named in the subpoena;

(d) Order testimony to be taken by deposition in a proceeding or investigation before any person who is designated by the Director and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under the Act;

(e) Pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia;

(f) Institute or conduct, on the Director's own motion, a preliminary investigation into alleged violations of the Code of Conduct or other violations of the Act;

(g) Retain, on a temporary basis, consultants, including attorneys or others; and

(h) Require any person to submit required reports or documents through an electronic format or medium.

5303.3

If an employee or official of the District government has been properly served a request for information or documents, or notice of deposition and any applicable witness fee, and that employee or official fails to respond to such a request or appear or participate in a deposition, then the Director or the Board may notify the supervisor or superior of that employee or official and recommend that appropriate personnel action be commenced for such failure. Nothing in this section shall affect the ability of the Board to seek enforcement of a subpoena before the Superior Court of the District of Columbia.

D.C. Mun. Regs. r. 3-5303

Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 61 DCR 6198 (June 20, 2014)

Authority: Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 ("Ethics" Act), effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1162.09 (2012 Repl.)).