D.C. Mun. Regs. tit. 6, r. 6-A2117

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

Rule 6-A2117 - SELECTION OF THE COMPLAINT EXAMINER

2117.1

The complaint examiner shall be chosen from a pool of persons selected by the Executive Director and approved by the Board, taking into account the factors set forth in D.C. Official Code § 5-1106(c).

2117.2

In order to remain in the pool, complaint examiners must adjudicate at least one investigation per fiscal year. In addition, complaint examiners must attend at least one OPC training per fiscal year.

2117.3

A complaint examiner who cannot consider a case in a fair and impartial manner because of personal prejudice or bias, shall not consider that case and shall so inform the Executive Director. Examples of personal bias include, but are not limited to:

(a) Familial relationship or friendship with parties to the complaint;

(b) Being a party to the complaint;

(c) Witnessing material events relevant to the complaint;

(d) Having a financial interest in the outcome of the case;

(e) Holding a bias for or against a party that is sufficient to impair the examiner's impartiality.

2117.4

Either party may challenge the impartiality of the complaint examiner at any time by written complaint addressed to the Executive Director who shall issue a written opinion within seven (7) calendar days of receipt of the challenge. The Executive Director's decision is final and unappealable.

2117.5

Complaint examiners shall avoid making public comment on any complaints, investigations and matters before OPC unless compelled to do so by a court of competent jurisdiction.

D.C. Mun. Regs. tit. 6, r. 6-A2117

Final Rulemaking published at 49 DCR 8347 (August 30, 2002); amended by Final Rulemaking published at 64 DCR 12677 (12/15/2017)