D.C. Mun. Regs. tit. 6, r. 6-A2118
The complaint examiner shall consider the complaint in a fair and impartial manner, ensure that facts are fully elicited, adjudicate all issues and avoid undue delay.
If the parties express a willingness to resolve the complaint through conciliation, the complaint examiner may act as a conciliator. Any resulting written conciliation agreement may be kept confidential pursuant to D.C. Official Code § 5-1110(b)(2), and neither any such agreement nor any oral nor written statement made by a party during the course of the conciliation or mediation process may be used as a basis for any discipline or recommended discipline of the subject police officer or officers or in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.
Based on a review of the report of investigation and file, the complaint examiner may determine the merits of a complaint without conducting an evidentiary hearing. The complaint examiner may do so only when (1) the subject officer has had an opportunity pursuant to § 2116.7 to file a response to the report of investigation and (2) the material in the report and file present no genuine issue of material fact in dispute requiring an evidentiary hearing. In such cases, the complaint examiner shall issue findings of fact and a determination on the merits within thirty (30) days of the assignment of the matter, in accordance with § 2122 below.
Upon review of the report of investigation and file and the evidence adduced at any evidentiary hearing, the complaint examiner shall make written findings of fact regarding all material issues of fact, and shall determine whether each allegation of misconduct is unfounded, sustained, presents insufficient facts or whether the officer is exonerated, as such terms are defined in § 2122.2 below. In making a determination, the complaint examiner will consider the definitions of misconduct contained in these regulations, as well as any regulation, policy, procedure or order that prescribes standards of conduct for officers.
Based on a review of the report of investigation and file, the complaint examiner may determine that additional investigation is required. In such cases, the complaint examiner shall promptly notify the Executive Director, who may order the investigator to investigate the issues identified by the complaint examiner. Such additional investigation shall be completed within thirty (30) days. Upon completion, the Executive Director shall transmit the supplemental report and file to the complaint examiner and to the subject officer and shall make them available to the complainant. In cases requiring additional investigation, the time allowed for the complaint examination to be completed will be tolled.
If the complaint examiner determines that no additional investigation is required and that an evidentiary hearing is required, he or she shall proceed in accordance with §§ 2119 and 2120 below.
D.C. Mun. Regs. tit. 6, r. 6-A2118