D.C. Mun. Regs. tit. 17, r. 17-1716

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 17-1716 - COMPLAINTS: INVESTIGATIONS

1716.1

The Director, upon the receipt of a complaint submitted in accordance with § 1716.2, shall investigate a registrant if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disciplinary action.

1716.2

A person who desires to file a complaint against a registrant shall do the following:

(a) Submit the complaint in writing;

(b) State the facts or circumstances that form the basis of the complaint;

(c) Sign the complaint and state the complainant's name and address; and

(d) Mail or deliver the complaint to the Director.

1716.3

Nothing in § 1716.2 precludes the Director from investigating a registrant based on information obtained from an individual who does not file a complaint in accordance with that subsection.

1716.4

The Director may request a registrant under investigation to respond in writing to any allegations. If the Director requests a response, the Director shall inform the registrant of the following:

(a) That the registrant is not required to respond to the request;

(b) That a copy of any response may be sent to the complainant, if any;

(c) That the failure to respond will not be held against the registrant in any subsequent action based on the investigation; and

(d) That any response may be used against the registrant in a subsequent action.

1716.5

If the Director receives a written response from a registrant requested pursuant to § 1716.4, he or she may send a copy of the response to the complainant and request a written reply within a time period determined by the Director.

1716.6

After considering the facts of a particular case, the complaint, if any, and any response thereof, the Director shall take one of the following actions:

(a) Refer the complaint to the Office of Investigations and Enforcement for investigation;

(b) Issue a notice of intended action in accordance with § 1717 of this chapter;

(c) Request that the registrant attend a settlement conference in accordance with § 1724 of this chapter; or

(d) Dismiss the complaint

1716.7

If the Director dismisses a complaint, it shall give the complainant notice in writing, sent by first class mail, of the dismissal of the complaint within ten (10) days of the action.

D.C. Mun. Regs. tit. 17, r. 17-1716

Final Rulemaking at 50 DCR 9549 (November 14, 2003)