D.C. Code § 41-160.09

Current through codified emergency legislation effective July 18, 2024
Section 41-160.09 - Administrator's contract with another to conduct examination
(a) In this section, "related to the Administrator" means an individual who is:
(1) The Administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary;
(2) The Administrator's child, stepchild, grandchild, parent, stepparent, sibling, step-sibling, half-sibling, aunt, uncle, niece, or nephew;
(3) A spouse, partner in a civil union, domestic partner, or reciprocal beneficiary of an individual under paragraph (2) of this subsection; or
(4) Any individual residing in the Administrator's household.
(b) The Administrator may contract with a person to conduct an examination under this part.
(c) If the person with which the Administrator contracts under subsection (b) of this section is:
(1) An individual, the individual may not be related to the Administrator; or
(2) A business entity, the entity may not be owned in whole or in part by the Administrator or an individual related to the Administrator.
(d) At least 60 days before assigning a person under contract with the Administrator under subsection (b) of this section to conduct an examination, the Administrator shall demand in a record that the person to be examined submit a report and deliver property that is previously unreported.
(e) If the Administrator contracts with a person under subsection (b) of this section:
(1) The contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee;
(2) A contingent fee arrangement may not provide for a payment that exceeds 10 percent of the amount or value of property paid or delivered as a result of the examination, except for contracts in force on the effective date of this subtitle; and
(3) On request by a person subject to examination by a contractor, the Administrator shall deliver to the person a complete and unredacted copy of the contract and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.
(f) A contract under subsection (b) of this section is subject to public disclosure without redaction under the District of Columbia Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531et seq.).

D.C. Code § 41-160.09

Added by D.C. Law 24-45,§ VII-A-7066, 68 DCR 010163, eff. 11/13/2021.