D.C. Mun. Regs. r. 4-712

Current through Register Vol. 71, No. 33, August 16, 2024
Rule 4-712 - REQUESTS
712.1

Within five (5) calendar days of the service of a complaint on the respondent, the complaint shall be assigned to an investigator who shall, within eight (8) calendar days thereafter, prepare and serve upon the respondent, via certified mail, a data request. The data request shall include a request for an answer to the complaint, generally in the form of a Position Statement.

712.2

The respondent shall have twenty (20) calendar days after receipt of the data request to summit the requested information. However, in all instances, the requested information shall be submitted five (5) calendar days before the scheduled fact-finding conference.

712.3

If the respondent requests additional time to respond to the data request, a reasonable time shall be allowed, as agreed upon by the respondent and the investigator.

712.4

If the respondent fails to comply within the agreed upon extended time, the Office may amend the complaint to include violation of section 264(b) of the Act (D.C. Official Code § 2-1402.64(b) ), which will invoke the subpoena power, as provided in § 720.

712.5

When a request is made to the respondent for additional data not covered in the original data request, the respondent shall be given a reasonable time to submit the additional information, as determined by the investigator in light of the circumstances of the case, but not fewer than four (4) calendar days.

712.6

The parties may only request case information at the close of the investigation, pursuant to the Freedom of Information Act of 2000, effective April 27, 2001 (D.C. Law 13-283; D.C. Official Code § 2-531et seq.).

712.7

The complainant shall have an opportunity to rebut evidence submitted by or obtained from the respondent, at any time before the issuance of the LOD.

D.C. Mun. Regs. r. 4-712

Final Rulemaking published at 56 DCR 007324 (September 4, 2009)