(a)(1) After determining that there is reason to believe a violation has occurred based upon the presentation of evidence by the Director of Government Ethics pursuant to § 1-1162.12(b) or § 1-1162.13(e), the Board shall conduct an open and adversarial hearing at which the Director of Government Ethics shall present evidence of the violation. A hearing need not be conducted if a matter is dismissed pursuant to § 1-1162.16(a).
(2) If the Director of Government Ethics 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 order the Director of Government Ethics to present the matter as provided in paragraph (1) of this subsection.
(b) Any hearing under this section shall be of record and shall be held in accordance with Chapter 5 of Title 2.
(c) Any 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.
(Apr. 27, 2012, D.C. Law 19-124, § 214, 59 DCR 1862; Oct. 30, 2018, D.C. Law 22-168, § 1083(p), 65 DCR 9388.)
This section is referenced in § 1-1162.15.
For temporary (90 days) amendment of this section, see § 1083(p) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 1083(p) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
Structure District of Columbia Code
Title 1 - Government Organization
Chapter 11A - Ethics and Government Accountability
Part B - Director of Government Ethics
§ 1–1162.11. Powers of the Director of Government Ethics
§ 1–1162.12. Preliminary investigations
§ 1–1162.13. Formal investigation
§ 1–1162.16. Dismissal of meritless claim, complaint, or request for investigation
§ 1–1162.18. Enforcement of subpoena