10403.1 The Director may dismiss a complaint on one or more of the following grounds:

(a) The complaint does not raise issues within the Director's authority under the Open Meetings Act;

(b) The action complained of does not violate the Open Meetings Act;

(c) The Complainant declined to provide information the Director reasonably believed necessary to evaluate the complaint (or failed to respond within thirty (30) days to such a request);

(d) The Complainant's failure to cooperate with the investigation;

(e) The violation committed is a technical violation of the Open Meetings Act that constitutes a harmless error that does not infringe upon the Complainant's rights under the Open Meetings Act; and

(f) The complaint becomes moot due to action taken by the Public Body.

10403.2 The Director shall return a dismissed complaint to the Complainant with an explanation of the reason(s) for dismissal.

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019).