D.C. Mun. Regs. tit. 6, r. 6-A2122

Current through Register Vol. 71, No. 39, September 27, 2024

Rule 6-A2122 - FINDINGS OF FACT AND DETERMINATION

2122.1

Within thirty (30) days of either the conclusion of the hearing, the submission of final briefs, if required, or the assignment to a complaint examiner of a case that does not require an evidentiary hearing, the complaint examiner shall make written findings of fact and a determination of the merits of the complaint.

2122.2

In the merits determination, the complaint examiner shall make one of the following findings about each allegation in the complaint:

(a) "Unfounded," where the investigation determined no facts to support that the incident complained of actually occurred;

(b) "Sustained," where the complainant's allegation is supported by sufficient evidence to determine that the incident occurred and the actions of the officer were improper;

(c) "Insufficient facts," where there are insufficient facts to decide whether the alleged misconduct occurred; or

(d) "Exonerated," where a preponderance of the evidence shows that the alleged conduct did occur but did not violate the policies, procedures, practices, orders or training of the MPD or DCHAPD.

2122.3

If the complaint examiner finds that no allegation in the complaint is sustained or the subject officer is exonerated on all allegations, the Executive Director shall dismiss the complaint and send written notice of such determination, along with copies of the merits determination, to the Chief of Police, the complainant, and the subject officer.

2122.4

If the complaint examiner determines that one or more allegations in the complaint is sustained, the Executive Director shall transmit OPC's investigative report, together with the attached exhibits, as well as the merits determination of the complaint examiner, to the Chief of Police for appropriate action. OPC shall also provide the complainant and subject officer with written notices of such determination, along with copies of the merits determination.

2122.5

The complaint examiner's written findings of fact and determination may not be rejected by the Chief of Police unless they clearly misapprehend the record before the complaint examiner and are not supported by substantial, reliable, and probative evidence in that record.

D.C. Mun. Regs. tit. 6, r. 6-A2122

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