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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 3. ELECTIONS AND ETHICS |
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Chapter 3-54. BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY: ADVERSARIAL HEARINGS, APPEALS, AND ADVISORY OPINIONS |
Section 3-5401. ADVERSARIAL HEARING
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5401.1After determining that there is reason to believe a violation has occurred based upon the presentation of evidence by the Director pursuant to § 5301.2 or § 5302.5, the Board shall conduct an open and adversarial hearing at which the Director of Government Ethics shall present evidence of the violation. The Director may delegate the presentation of evidence to the General Counsel or other lawyer employed by the Board.
5401.2A hearing need not be conducted if a matter is dismissed pursuant to § 5403.
5401.3If the Director fails to present a matter, or advises the Board that insufficient evidence exists to present a matter or that an additional period of time is needed to investigate a matter further, the Board may nonetheless order the Director to present the matter as provided in § 5401.1.
5401.4Any hearing under this section shall be on the record and shall be held in accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501 et seq.) (2011 Repl.).
5401.5Any witness has a right to refuse to answer a question that might tend to incriminate the witness by claiming his or her Fifth Amendment privilege against self-incrimination.
5401.6Any person who has been assessed fees pursuant to § 5403.2 may file a request for an adversarial hearing with the Board.