D.C. Mun. Regs. r. 3-5709
When an agency head questions whether a specific individual should be required to submit a public Financial Disclosure Statement or a confidential Financial Disclosure Statement pursuant to D.C. Official Code § 1-11062.24(i), the matter shall be referred to the Director of Government Ethics for final resolution.
Any individual designated by his/her agency head as being required to submit a public or confidential Financial Disclosure Statement may request a review of such designation by the agency head within five (5) business days, in accordance with DPM §1810.6, and this section.
The agency head shall make a written decision on the request for review of the designation within (5) business days of the receipt of the request.
Any such designated person who is adversely affected by and disagrees with the agency head's redetermination decision issued pursuant to DPM §1810.7 (b) or this section may appeal that redetermination decision within five (5) business days of receipt of the agency head's decision to the Director of Government Ethics as set forth in DPM §1810.7(c) or this section.
Any such appeal must be submitted in writing, establishing that substantial evidence exists which would justify overturning the agency head's redetermination decision unless successfully rebutted.
If the Director of Government Ethics reviews the written appeal and determines that substantial evidence appears to exist which would justify overturning the agency head's redetermination decision unless successfully rebutted, the Director shall order the agency to produce copies of all documents introduced into the record during the redetermination review process, as well as any additional evidence it believes would successfully rebut t he evidence submitted by the appellant. Upon receipt of such written order, the agency must provide the Director with copies of all such documents and any rebuttal evidence within five (5) business days of receipt thereof.
The Director shall issue a written decision on the appeal within five (5) business days of receipt of the record and rebuttal evidence from the agency, unless the Director believes that oral argument is warranted.
If the Director believes that oral argument on the issues presented in the appeal is warranted, the Director shall issue a written order within five (5) business days of receipt of the record and rebuttal evidence from the agency scheduling a hearing for that purpose.
The Director shall regulate the course of oral arguments at any hearing scheduled for such purpose, including the conduct of the parties and their counsel.
Within five (5) business days of the conclusion of any hearing scheduled for oral arguments on the issues presented in the appeal, the Director shall issue a written decision on the appeal.
The Director will review questions of fact presented in the appeal under the substantial evidence standard, while reviewing questions of law presented in the appeal on a de novo basis.
Any party adversely affected by any order of the Director may obtain review of the order by filing, with the Ethics Board, a request for a hearing in accordance with D.C. Official Code § 1-1162.21(a)(3).
The request for a hearing pursuant to § 5706.12 shall be filed within fifteen (15) days from the Director's issuance of an order.
D.C. Mun. Regs. r. 3-5709