D.C. Mun. Regs. tit. 3, § 3709
Informal Hearing for Alleged Violations of Reporting and Disclosure Requirements
Effective Mar 19, 201057 DCR 2272, 2274Authority: District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) (2016 Repl.)). Source: Final Rulemaking published at 45 DCR 3161, 3208-10 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2187 (March 24, 2000); as amended by Final Rulemaking published at 57 DCR 2272, 2274 (March 19, 2010), as corrected by Errata Notice published at 57 DCR 5737 (July 2, 2010); as amended by Final Rulemaking published at 58 DCR 10612, 10613 (December 16, 2011); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019).District of Columbia, Office of the Secretary
3709 INFORMAL HEARING FOR ALLEGED VIOLATIONS OF REPORTING REQUIREMENTS
3709.1 The Director may institute or conduct an informal hearing on alleged violations of the reporting and disclosure requirements, prescribed by the Act and Chapters 30 - 37 of this Title.
3709.2 The reporting and disclosure requirements shall apply to the following:
- (a) Lobbyist Activity Report;
- (b) Lobbyist Registration Form;
- (c) Citizen-Service Activity Report;
- (d) Financial Disclosure Statement (FDS);
- (e) Statement of Potential Conflict of Interest;
- (f) Report of Receipts and Expenditures (R&E Report);
- (g) Notification required on campaign literature, pursuant to the Act;
- (h) The responses to Requests for Additional Information (RFAI);
- (i) Statement of Candidacy;
- (j) Statement of Organization;
- (k) Statement of Information;
- (l) ANC Summary Financial Statement; and
- (m) Honoraria and Outside Income Disclosure Statement (HOIDS); and
- (n) Statehood Fund Report.
3709.3 Notice of an informal hearing shall be issued in writing at least seven (7) days prior to the hearing.
3709.4 In the notice, an alleged violator of the reporting requirements shall be informed of the following:
- (a) Nature of the alleged violation;
- (b) The authority on which the hearing is based;
- (c) Time and place of the hearing;
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(d) The right to be represented by legal counsel; and
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(e) The alleged violator's failure to appear may be considered an admission of the allegation.3709.6 The Director shall regulate the course of the informal hearing and the conduct of the parties and their counsel.3709.7 The alleged violator, or counsel for the alleged violator, shall present the alleged violator's case and evidence to the Director.3709.8 The Director may wait a reasonable period of time for the alleged violator to appear before beginning the informal hearing.3709.9 If the alleged violator fails to appear after a reasonable period of time, the Director shall perform the following:- (a) Reschedule the informal hearing;
- (b) Issue the Notice of Informal Hearing, under §§ 3709.3 and 3709.4; and
- (c) Serve the alleged violator both by certified and regular mail.3709.10 If the alleged violator fails to appear after an informal hearing has been rescheduled, under § 3709.9, the Director may proceed with the informal hearing; provided, that the alleged violator has received notice.3709.11 Following the conduct of each informal hearing, the Director shall perform the following:- (a) Determine whether a violation has occurred; and
- (b) Issue a written order with findings of facts and conclusions of law.3709.12 Any party adversely affected by any order of the Director may obtain review of the order by filing, with the Board of Elections and Ethics, a request for a hearing de novo.3709.13 The request for a hearing de novo, under § 3709.12, shall be filed in the following manner:- (a) Within fifteen (15) days from the issuance by the Director of an order; and
- (b) In accordance with Chapter 4 of this Title.
SOURCE: Final Rulemaking published at 45 D.C. Reg. 3161, 3208-10 (May 22, 1998); as amended by Final Rulemaking published at 47 D.C. Reg. 2171, 2187 (March 24, 2000); and as amended by Final Rulemaking published at 57 D.C. Reg. 2272, 2274 (March 19, 2010).