3709 INFORMAL HEARING FOR ALLEGED VIOLATIONS OF REPORTING AND DISCLOSURE REQUIREMENTS

3709.1 The Director may institute or conduct an informal hearing, including an order to show cause, on alleged violations of the reporting and disclosure requirements, prescribed by the Act and Chapters 30-43 of this title.

3709.2 The reporting and disclosure requirements shall apply to the following documents:

1. (a) Statement of Acceptance of Position of Chairperson;
2. (b) Statement of Acceptance of Position of Treasurer;
3. (c) Identification of Campaign Literature;
4. (d) Notification of Non-Support;
5. (e) Report of Exemption for a Candidate Spending Less Than $500;
6. (f) Report of Receipts and Expenditures;
7. (g) Request for Candidate Waiver;
8. (h) Request for Additional Information;
9. (i) Statement of Candidacy;
10. (j) Statement of Candidate Withdrawal;
11. (k) Statement of Committee Termination;
12. (l) Statement of Information;
13. (m) Statement of Organization;
14. (n) Summary Financial Statement for Advisory Neighborhood Commission (ANC);
15. (o) Verified Statement of Contribution Report;
16. (p) Withdrawal of Chairperson;
17. (q) Withdrawal of Treasurer;

(r) 24-Hour Report of Receipts for Candidates and Committees;

(s) Schedule of Bundled Contributions;

(t) 14-Day Report of Independent Expenditures by Individuals;

(u) Certification of Attendance at In-Person Training for Candidate and Treasurer;

(v) Designation of Campaign Depository;

(w) Affidavit of Business Contributor;

(x) Fair Elections Program Report of Receipts and Expenditures;

(y) Fair Elections Program Statement of Registration;

(z) Fair Elections Program Affidavit of Candidate and Treasurer;

(aa) Fair Elections Program Receipt and Affirmation Statement for Contributor; and

(bb) Fair Elections Program Request to Rescind Certification.

3709.3 Notice of an informal hearing shall be issued in writing at least ten (10) days prior to the hearing; provided that the ten (10) day period may be waived for good cause shown as long as the party is given a sufficient opportunity to prepare for the hearing.

3709.4 In the notice, an alleged violator of the reporting requirements shall be informed of:

(a) The nature of the alleged violation;

(b) The authority on which the hearing is based;

(c) The time and place of the hearing;

(d) The right to be represented by legal counsel;

(e) The fact that the alleged violator's failure to appear may be considered an admission of the allegation; and

1. (f) The fact that service of process shall be by regular mail.
2. 3709.5 The Director shall regulate the course of the informal hearing and the conduct of the parties and their counsel.
3. 3709.6 The respondent, or his or her counsel, may present the respondent's case and evidence to the Director.
4. 3709.7 The Director may wait a reasonable period of time for the respondent to appear before beginning the informal hearing.
5. 3709.8 If the respondent fails to appear after a reasonable period of time, the Director shall:
6. (a) Reschedule the informal hearing;
7. (b) Issue notice of the rescheduled informal hearing; and
8. (c) Serve the respondent both by certified and regular mail.
9. 3709.9 If the respondent fails to appear after an informal hearing has been rescheduled under § 3709.8, the Director may proceed with the informal hearing by making a record of the proceeding.
10. 3709.10 Following the conduct of each informal hearing, the Director shall:
11. (a) Determine whether a violation has occurred; and
12. (b) Issue a written order with findings of facts and conclusions of law.
13. 3709.11 Any party adversely affected by any order of the Director may obtain review of the order by filing, with the Board of Elections, a request for a hearing de novo.
14. 3709.12 The request for a hearing de novo pursuant to § 3709.12 shall be filed:
15. (a) Within fifteen (15) days from the issuance by the Director of an order; and
16. (b) In accordance with Chapter 4 of this title.
17. 3709.13 Within five (5) days after receipt of an order of the Director where a fine has been imposed, a respondent may file a Motion for Reconsideration to address issues considered mitigating that were not presented during the hearing.
18. 3709.14 The Motion shall not address issues that were not the subject of the alleged

violation for which the penalty was assessed.

3709.15 The Director shall respond to the Motion within five (5) days after its receipt by issuing a new order which either:

(a) Modifies or vacates the original order, providing clearly articulated reasons; or

(b) Denies the Motion and affirms the original order, providing clearly articulated reasons.

3709.16 The filing of the Motion shall toll the appeal period for requesting a hearing de novo before the Board of Elections, or the payment of the fine.

3709.17 The appeal period shall be recalculated from the date of issuance of the subsequent order of the Director in the matter, if appropriate.

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).