D.C. Mun. Regs. tit. 3, r. 3-5401

Current through Register 71, No. 45, November 7, 2024
Rule 3-5401 - ADVERSARIAL HEARING
5401.1

After determining that there is reason to believe a violation has occurred based upon the presentation of evidence by the Director pursuant to § 5301.2 or § 5302.5, the Board shall conduct an open and adversarial hearing at which the Director of Government Ethics shall present evidence of the violation. The Director may delegate the presentation of evidence to the General Counsel or other lawyer employed by the Board.

5401.2

A hearing need not be conducted if a matter is dismissed pursuant to § 5403, or is the subject of a negotiated disposition under chapter 59 of this title.

5401.3

If the Director fails to present a matter, or advises the Board that insufficient evidence exists to present a matter or that an additio nal period of time is needed to investigate a matter further, the Board may nonetheless order the Director to present the matter as provided in § 5401.1.

5401.4

Any hearing under this section shall be on the record and shall be held in accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501et seq.).

5401.5

Any witness has a right to refuse to answer a question that might tend to incriminate the witness by claiming his or her Fifth Amendment privilege against self- incrimination.

5401.6

Any person who has been assessed fees pursuant to § 5403.2 may file a request for an adversarial hearing with the Board.

D.C. Mun. Regs. tit. 3, r. 3-5401

Final Rulemaking published at 60 DCR 747 (January 25, 2013); amended by Final Rulemaking published at 66 DCR 10535 (8/16/2019)
Authority: Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.) (2012 Supp.)).