D.C. Mun. Regs. tit. 3, r. 3-5805

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

Rule 3-5805 - FINES AND PENALTIES

5805.1

The Director of Government Ethics may refer to the United States Attorney for prosecution any person who willfully and knowingly violates Subtitle E of the Ethics Act. Penalties for violations include a fine of not more than five thousand dollars ($5,000), or imprisonment for not more than twelve (12) months, or both.

5805.2

In addition to any penalty available under § 5805.1, any person convicted of a violation under that Subsection may, at the discretion of the Board, be prohibited from serving as a lobbyist for a period of three years from the date of the conviction.

5805.3

Any person who files a lobbyist activity report or registration form in an untimely manner shall be assessed a civil penalty of ten dollars ($10) per day up to thirty (30) days (excluding Saturdays, Sundays, and holidays) that the report or registration form is late. This civil penalty shall be imposed as a ministerial matter by the Director of Government Ethics. Upon petition, the Ethics Board may waive the penalty for good cause shown.

(a) A District of Columbia registered lobbyist may request a waiver of fines imposed by the Board of Ethics and Government Accountability.

(b) Fine waiver requests should be submitted in writing to the Office of Government Ethics.

(c) The Board may consider the following good cause factors when deliberating on such matters:

(1) The filer's history of compliance regarding the timely filing of lobbyist registration forms and lobbyist activity reports in previous reporting periods;

(2) Proof of complete power or technological failure at the lobbyist's office location;

(3) A destructive act of nature or extremely inclement weather, which prevents the lobbyist from accessing the information needed to complete such reports for a prolonged period of time or on the day of the submission deadline;

(4) Proof of technological failure or error on the Board of Ethics and Government Accountability's lobbyist e- filing web portal;

(5) Proof that the lobbyist was substantially misinformed about lobbyist deadlines and/or procedures by the Office of Government Ethics;

(6) Pending legal or ethical question(s) before the Board of Ethics and Government Accountability, the outcome of which may have a direct impact on the lobbyist's responses in the required filings;

(7) Procedural or administrative error on the part of the Board of Ethics and Government Accountability; or

(8) Other factors or extenuating circumstances.

D.C. Mun. Regs. tit. 3, r. 3-5805

Final Rulemaking published at 60 DCR 2852 (March 8, 2013); amended by Final Rulemaking published at 66 DCR 10535 (8/16/2019)

Authority: Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).