Section 3-3709. INFORMAL HEARING FOR ALLEGED VIOLATIONS OF REPORTING REQUIREMENTS

 

3709.1The 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 30-41 of this title.

 

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

(a) Statement of Acceptance of Position of Chairperson;

(b) Statement of Acceptance of Position of Treasurer;

(c) Identification of Campaign Literature;

(d) Notification of Non-Support;

(e) Report of Exemption for a Candidate Spending Less Than $500;

(f) Report of Receipts and Expenditures;

(g) Request for Candidate Waiver;

(h) Request for Additional Information;

(i) Statement of Candidacy;

(j) Statement of Candidate Withdrawal;

(k) Statement of Committee Termination;

(l) Statement of Information;

(m) Statement of Organization;

(n) Summary Financial Statement for Advisory Neighborhood Commission (ANC);

(o) Verified Statement of Contribution Report;

(p) Withdrawal of Chairperson;

(q) Withdrawal of Treasurer; and

(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

3709.3Notice 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.

 

3709.4In 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

 

(f)The fact that service of process shall be by regular mail.

 

3709.5The Director shall regulate the course of the informal hearing and the conduct of the parties and their counsel.

 

3709.6The respondent, or his or her counsel, may present the respondent’s case and evidence to the Director.

 

3709.7The Director may wait a reasonable period of time for the respondent to appear before beginning the informal hearing.

 

3709.8If the respondent fails to appear after a reasonable period of time, the Director shall:

 

(a)Reschedule the informal hearing;

 

(b)Issue notice of the rescheduled informal hearing; and

 

(c)Serve the respondent both by certified and regular mail.

 

3709.9If 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.

 

3709.10Following the conduct of each informal hearing, the Director shall:

 

(a) Determine whether a violation has occurred; and

 

(b) Issue a written order with findings of facts and conclusions of law.

 

3709.11Any 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.

 

3709.12The request for a hearing de novo pursuant to § 3709.12 shall be filed:

 

(a)Within fifteen (15) days from the issuance by the Director of an order; and

 

(b)In accordance with Chapter 4 of this title.

 

3709.13Within 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.

 

3709.14The Motion shall not address issues that were not the subject of the alleged violation for which the penalty was assessed.

 

3709.15The 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.

 

3709.16The 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.

 

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

 

 

authority

D.C. Official Code § 1-1001.05(a)(14); in conformity with the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, enacted February 27, 2012 (D.C. Act 19-318; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).

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).