4958948 Ethics and Government Accountability, Board of - Notice of Final Rulemaking - To amend Chapter 53 (General Provisions) of Title 3 (Elections and Ethics) to bring Subsection 5303.2 into conformity with Section 211 of the Ethics Act

BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY

 

NOTICE OF FINAL RULEMAKING

 

The Board of Ethics and Government Accountability (“Board”), pursuant to the authority set forth in Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (“Ethics Act”), effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1162.09 (2012 Repl.)), hereby gives notice of final rulemaking action to amend Chapter 53 (General Provisions) of Title 3 (Elections and Ethics) of the District of Columbia Municipal Regulations (“DCMR”).  

 

The rulemaking amends Subsection 5303.2 to bring it into conformity with Section 211 of the Ethics Act (D.C. Official Code § 1-1162.11). 

 

The proposed rulemaking was adopted by the Board on April 3, 2014, and was published in the D.C. Register on April 18, 2014 at 61 DCR 004003.  No written comments were received and no changes have been made to the text of the proposed rules.  The Board adopted the rulemaking as final on June 6, 2014.  These rules shall become effective on the date of publication of this notice in the D.C. Register.

 

Chapter 53 (General Provisions) of Title 3 (Elections and Ethics) of the DCMR is amended as follows: 

 

Subsection 5303.2 is amended to read as follows:

 

5303.2             The Director’s authority includes the power to:

 

(a)        Require any person to submit, within a reasonable period and under oath or otherwise as the Director may determine, written reports, and answers to questions that the Director may propound relating to the administration and enforcement of the Act;

 

(b)        Administer oaths;

 

(c)        Require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the Board's duties; provided, that subpoenas issued under this paragraph shall be issued by the Director only upon approval of a majority of the Board and served either personally or by certified or registered mail on the individual named in the subpoena, or by other means agreed to by the individual named in the subpoena;

 

(d)       Order testimony to be taken by deposition in a proceeding or investigation before any person who is designated by the Director and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under the Act;

 

(e)        Pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia;

 

(f)        Institute or conduct, on the Director’s own motion, a preliminary investigation into alleged violations of the Code of Conduct or other violations of the Act;

 

(g)        Retain, on a temporary basis, consultants, including attorneys or others; and

 

(h)        Require any person to submit required reports or documents through an electronic format or medium.