D.C. Mun. Regs. tit. 28, r. 28-4004

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 28-4004 - SPECIFIC DUTIES OF THE SCIENCE ADVISORY BOARD

4004.1

If the Board receives a QCAR from the Department pursuant to Subsection 4002.3(d), the following actions shall be taken:

(a) The Board shall complete its review of the QCAR within twenty (20) business days after it is received by the Board; provided, that if the Board determines that it needs additional time to complete its review, it may request that the Director approve such additional time. The Board's request shall specify the additional time requested and the reason for the need for additional time, and the Director shall not unreasonably withhold approval of the request.

(b) As part of its review, the Board shall determine whether it will make any recommendations to the Department on the QCAR or the matters that gave rise to the QCAR. The Board shall provide its recommendations or advice, if any, to the Department within the twenty (20) day period described in paragraph (a) of this subsection (or such longer period as may be approved by the Director pursuant to paragraph (a) of this subsection).

(c) The Director shall review all recommendations made by the Board. If the Board provides recommendations to the Director within the twenty (20) day period (or such longer period of time as may be approved by the Director pursuant to paragraph (b) of this subsection), the Director may direct the QCAR to be modified to reflect the Board's recommendations.

(d) The Board may provide recommendations on the complaint or the Department's investigation into the complaint at any point.

(e) The Board is not required to comment on a complaint.

(f) The Department shall keep a record of all QCARs and complaints submitted to the Board. The record shall be available to the Board upon request.

4004.2

(a) The Board shall review and make recommendations, as necessary, to the Director on the topics enumerated in Section 13(4) of the DFS Establishment Act (D.C. Official Code § 5-1501.12(4)).

(b) Individual Board members may also make recommendations to the Director, but such recommendations shall be considered to be made in the Board member's individual capacity not on behalf of the Board.

(c) The Director shall review each recommendation of the Board and shall determine whether the recommendation will be adopted (in whole or in part, and with or without amendments), rejected, or further investigated by the Department.

(d) At the first quarterly Board meeting that occurs at least ninety (90) days after the Board transmits a recommendation to the Director, the Director shall discuss the recommendation and the outcome of his or her review.

4004.3

(a) The Board shall review program standards and protocols related to the Department's operations.

(b) In performing such reviews, the Board may make recommendations regarding new scientific programs, protocols, and methods of testing; plans for the implementation of new program standards or protocols, continuing existing programs, improving existing programs, and eliminating unnecessary programs; and qualification standards and training requirements for scientific staff.

(c) Upon request by the Director, the Board shall review specific program standards or protocols.

(d) The Board shall review the program standards and protocols requested by the Director within ninety (90) days after the Director's request. The Board may make written recommendations to the Director based on the Board's review.

4004.4

(a) At least once every three (3) years, the Board shall review all manuals and procedures referenced in Section 5(b) of the DFS Establishment Act (D.C. Official Code § 5-1501.04(b)) to determine whether modification of the manuals or procedures is desirable. In performing its review, the Board shall conduct a review of relevant scientific literature.

(b) The chairperson of the Board shall be responsible for ensuring the Board performs such reviews.

(c) At the first Board meeting of each three (3) year review period, and at the first Board meeting for the second and third year of each three (3) year review period, the Board shall determine what manuals and procedures it will review during the year.

(d) At the end of each year in a review period, the Board shall hold an extra meeting specifically to discuss the results of its review and any modifications to the manuals or procedures that the Board may propose based on its review. The Board shall not be required to hold an extra meeting in a review year to discuss its review and modifications if it submits to the Director a report describing its review and recommendations (if any) no later than three (3) months before the end of the review year.

(e) If the Department makes a substantial change to a manual or procedure during a three (3) year review period, the Department shall promptly notify the Board of the substantial change. For the purposes of this provision, a substantial change is a significant modification, expansion, or reduction in the nature or scope of a manual or procedure

(f) This section does not prohibit the Board from reviewing any of the manuals and procedures referenced in Section 5(b) of the DFS Establishment Act (D.C. Official Code § 5-1501.04(b)) multiple times within a three (3) year period.

(g) The first three (3) year review period shall be from March 2016 to March 2019. Every three (3) years following the first three (3) year review period shall be deemed a review period.

4004. 5

(a) The Board shall advise the Mayor and Council of the District of Columbia on matters relating to the Department or forensic science where the Board deems it appropriate.

(b) The Board may advise the Mayor and Council either in writing or orally.

(c) The Board, prior to submitting a written report to the Mayor or Council, shall deliver a copy of a draft of the report to the Director who shall have forty- five (45) days to review, comment on, or respond to the draft report.

D.C. Mun. Regs. tit. 28, r. 28-4004

Final Rulemaking published at 66 DCR 002504 (3/1/2019)