5702.1 The FDS shall be filed electronically at the Board of Ethics and Government Accountability (Board) website. The FDS shall be deemed timely filed electronically as follows:

1. (a) For public officials, except the Chairman and each member of the Council, no later than 11:59 pm May 15th of each year for the prior calendar year in which the public official served.
2. (b) Reports required by this section for the Chairman and each member of the Council of the District of Columbia shall be filed semiannually no later than 11:59 pm on May 15th and November 15th of each year.

5702.2 A public official may request a waiver of the requirement to file electronically. Waiver requests shall be submitted in writing, to the Director, no later than midnight on May 5th of each year. The Director may grant a waiver of the requirement to file electronically on good cause shown as to why the public official is unable to file electronically as follows:

1. (a) A waiver granted by the Director shall be in writing and provided to the requestor.
2. (b) If the waiver is granted, the FDS shall be filed in hard copy, in person or by first class mail. The FDS shall be deemed timely filed if received in the Office of Government Ethics no later than 5:00 pm on May 15th.
3. (c) A denial of the waiver of the requirement to file electronically is appealable to the Board. An appeal is timely filed if submitted to the Board Chairperson and the Director, in writing, in hard copy or electronically, no later than two (2) business days after the date of the Director's decision. The decision of the Board is final and shall be provided in writing to the requestor.
4. (d) Waiver requests must be submitted, in writing, to the Director of Government Ethics no later May 5th or, at least ten days before the applicable annual or semiannual financial disclosure filing deadline.
5. (e) The request must contain language explicitly authorizing the Office of Government Ethics to manually enter the requestor's responses to the Public Financial Disclosure Statement into the financial disclosure e-filing system.
6. (f) The Board may consider the following good cause factors when deliberating on such matters:

(1) Physical impairment, combined with a lack of resources or assistance to complete the online form;

(2) Computer illiteracy, combined with a lack of resources or assistance to complete the online form;

(3) A complete lack of access to a computer or other technological device; or

(4) An inability to gain access to the e-filing web portal due to technological error caused by the Office of Government Ethics or its e-filing system vendors, or a permanent lack of log-in credential.

(5) Other factors or extenuating circumstances.

5702.3 A public official shall submit an amended FDS thirty (30) days after changes in any information represented on the FDS.

5702.4 A public official may request the Director, in writing, for an extension of up to thirty (30) days in which to submit the FDS.

5702.5 The Director may extend the deadline for submission of the FDS by a public official, for good cause shown.

5702.6 The Ethics Board shall publish, in the District of Columbia Register, before June 15th of each year, the name of each public official who has:

(a) Filed a report under this section;

(b) Sought and received an extension of the deadline filing requirement and the reason for the extension; and

(c) Not filed a report and the reason for not filing, if known.

5702.7 The Ethics Board shall publish, in the District of Columbia Register, before December 15th of each year, the name of each member of the Council who has:

(a) Filed a report under this section;

(b) Sought and received an extension of the deadline filing requirement and the reason for the extension; and

(c) Not filed a report and the reason for not filing, if known.

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 62 DCR 11866 (August 28, 2015); as amended by Final Rulemaking published at 65 DCR 0904 (February 2, 2018); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019).