D.C. Mun. Regs. tit. 3, r. 3-5709

Current through Register Vol. 72, No. 2, January 10, 2025
Rule 3-5709 - FINANCIAL DISCLOSURE DESIGNATION APPEALS
5709.1

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.

5709.2

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.

5709.3

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.

5709.4

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.

5709.5

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.

5709.6

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.

5709.7

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. The decision of the Director of Government Ethics respecting the designation shall be final.

5709.8

[REPEALED].

5709.9

[REPEALED].

5709.10

[REPEALED].

5709.11

[REPEALED].

5709.12

[REPEALED].

5709.13

[REPEALED].

D.C. Mun. Regs. tit. 3, r. 3-5709

Final Rulemaking published at 66 DCR 10535 (8/16/2019); amended by Final Rulemaking published at 71 DCR 15873 (12/20/2024)