D.C. Mun. Regs. tit. 3, r. 3-400

Current through Register 71, No. 45, November 7, 2024

Rule 3-400 - GENERAL PROVISIONS

400.1

The provisions of this chapter shall govern the procedures of the Board in all cases involving petition challenges; alleged violations of the District of Columbia Election Act, as amended; de novo review of Office of Campaign Finance findings of violations of the Campaign Finance Act of 2011, as amended; alleged violations of Title III of the Help America Vote Act of 2002; petitions requesting the promulgation, amendment, or repeal of any regulation of the Board; or any other matter requiring the receipt of evidence and testimony in a contested case, complaint, or petition.

400.2

In any conflict within this chapter between general and specific provisions, the specific provisions shall govern.

400.3

In any conflict between this chapter and the D.C. Administrative Procedure Act, D.C. Official Code §§ 2-501et seq. (2016 Repl.) the D.C. Administrative Procedure Act shall govern.

400.4

The General Counsel of the Board shall, following approval by the Board, issue and revise complaint and petition forms and instructions to ensure presentation of adequate information required for the understanding and processing of complaints and petitions.

400.5

The Board may, for good cause shown, waive any of the provisions of this chapter if, in the judgment of the Board, the waiver will not prejudice the rights of any party and is not otherwise prohibited by law.

400.6

The Board has the discretion to hear any case brought before it under the District of Columbia Election Act or the Campaign Finance Act of 2011 by a one-member panel, pursuant to D.C. Official Code § 1-1001.05(g) (2016 Repl.).

D.C. Mun. Regs. tit. 3, r. 3-400

Final Rulemaking published at 45 D.C. Reg. 432, 433 (January 23, 1998); as amended by Final Rulemaking published at 50 D.C. Reg. 11071(December 26, 2003); amended by Final Rulemaking published at 65 DCR 6543 (6/15/2018); amended by Final Rulemaking published at 70 DCR15793 (12/15/2023)

AUTHORITY: Unless otherwise noted, the authority for this chapter is the section 5 of An Act To regulate the election of delegates representing the District of Columbia to national political conventions, and for other purposes (the "District of Columbia Election Act of 1995") the District of Columbia Election Act, 69 Stat. 699, 700, ch. 862, § 5, D.C. Code § 1-1001.05(a)(14) (2006 Repl.).