D.C. Mun. Regs. tit. 3, r. 3-5530

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 3-5530 - INFORMAL HEARING FOR ALLEGED VIOLATIONS OF THE CODE OF CONDUCT

5530.1

The Director may institute or conduct an informal hearing, including an order to show cause, on alleged violations of the financial reporting and disclosure requirements, or any other violation of the Code of Conduct.

5530.2

Notice of an informal hearing shall be issued in writing at least ten (10) days prior to the hearing; provided that the ten (10)-day period may be waived for good cause shown as long as the party is given a sufficient opportunity to prepare for the hearing.

5530.3

In the notice, an alleged violator of the financial reporting and disclosure requirements or of the Code of Conduct shall be informed of:

(a) The nature of the alleged violation;

(b) The authority on which the hearing is based;

(c) The time and place of the hearing;

(d) The right to be represented by any other person duly authorized in person to do so;

(e) The fact that the alleged violator's failure to appear may be considered an admission of the allegation; and

(f) The fact that service of process shall be by electronic or regular mail.

5530.4

The Director shall regulate the course of the informal hearing and the conduct of the parties and their counsel.

5530.5

The respondent, or his or her counsel, may present the respondent's case and evidence to the Director, either in person or in writing.

5530.6

The Director may wait a reasonable period of time for the respondent to appear before beginning the informal hearing.

5530.7

If the respondent fails to appear after a reasonable period of time, the Director may elect to reschedule the informal hearing, issuing notice of the same and serving the respondent both by certified and regular mail. However, the Director is not obligated to reschedule the informal hearing if the respondent fails to appear after a reasonable period of time, and may elect to proceed with the informal hearing by making a record of the proceeding.

5530.8

Following the conduct of each informal hearing, the Director shall:

(a) Determine whether a violation has occurred; and

(b) Issue a written order with findings of facts and conclusions of law.

5530.9

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).

5530.10

The request for a hearing pursuant to § 5530.9 shall be filed within fifteen (15) days from the Director's issuance of an order.

D.C. Mun. Regs. tit. 3, r. 3-5530

Final Rulemaking published at 65 DCR 7038 (6/29/2018)