D.C. Mun. Regs. tit. 3, r. 3-5509

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

Rule 3-5509 - GENERAL RULES OF PLEADING

5509.1

A notice of violation shall contain the following:

(a) A short and plain statement of the grounds upon which the Board's jurisdiction depends;

(b) The full names, residence addresses, if known, position, title, agency, and telephone numbers of the respondent(s);

(c) A clear and concise statement of facts which are alleged to constitute a violation of the law;

(d) A description of the respondent's right to a hearing and all procedural rights available to the respondent at the hearing;

(e) A description of the applicable law and regulations that govern the disposition in a notice of violation should the respondent choose not to file a response or fail to appear at a scheduled hearing; and

(f) The deadline for filing a response.

5509.2

A respondent shall file with the Board, and serve a copy upon the Director and any other respondents identified in the notice of violation, a response that states in short and plain terms his or her defenses to each violation alleged and shall admit or deny the averments upon which the notice of violation relies. A respondent shall serve his or her response within fifteen (15) days after the service of the notice of violation upon him or her.

5509.3

If a respondent is without knowledge or information sufficient to form a belief as to the truth of an averment, he or she shall so state. This statement shall have the effect of a denial.

5509.4

When a respondent intends in good faith to deny only a part of an allegation, he or she shall specify so much of the allegation as is true and shall deny only the remainder.

5509.5

A respondent may, unless he or she intends in good faith to controvert all the allegations in a notice of violation, deny as specific denials of designated allegations or paragraphs, or the respondent may generally deny all the allegations except the designated allegations or paragraphs as the respondent expressly admits.

5509.6

When a respondent intends to controvert all the allegations of the notice of violation, including allegations of the grounds upon which the Board's jurisdiction depends, the respondent party may do so by general denial. If a respondent chooses not to file a response, the Board shall treat such action as a general denial.

5509.7

A respondent shall raise any of the following defenses at the time he or she files a response:

(a) Lack of jurisdiction over the subject matter;

(b) Lack of jurisdiction over the person;

(c) Insufficiency of process; or

(d) Insufficiency of service of process.

5509.8

The Director shall file any opposition to a § 5509.7 defense raised by a respondent within ten (10) days after service of a response on the Board.

5509.9

No technical forms of pleadings or motions shall be required.

5509.10

The Board or respondent may set forth two (2) or more statements of a charge, challenge, or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses.

D.C. Mun. Regs. tit. 3, r. 3-5509

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.)).