District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0769 Compare Versions

Version 1 (Old)

Version 2 (New)

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8		-	AN ACT
9		-	_____________________
10		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11		-	______________________________
12		-
13		-
14		-	To amend, on a temporary basis, the Small and Certified Business Enterprise Development and
15		-	Assistance Act of 2005 to establish uniform hearing procedures for enforcement actions.
16		-
17		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18		-	act may be cited as the “Certified Business Enterprise Program Compliance and Enforcement
19		-	Support Temporary Amendment Act of 2024”.
20		-
21		-	Sec. 2. The Small and Certified Business Enterprise Development and Assistance Act of
22		-	2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is
23		-	amended as follows:
24		-	(a) Section 2302 (D.C. Official Code § 2-218.02) is amended as follows:
25		-	(1) Paragraph (9A) is redesignated paragraph (9B).
26		-	(2) A new paragraph (9A) is added to read as follows:
27		-	“(9A) “Formal complaint” means a complaint that is submitted to the Department
28		-	in writing, sworn to by the complainant, and notarized.”.
29		-	(3) A new paragraph (10A) is added to read as follows:
30		-	“(10A) “Informal complaint” means a complaint other than a formal complaint
31		-	and includes complaints submitted in person, by email, by telephone, or through the
32		-	Department’s complaint hotline.”
33		-	(4) Paragraph (13B) is redesignated as paragraph (13C).
34		-	(5) A new paragraph (13B) is added to read as follows:
35		-	“(13B) “Person” means any individual, firm, partnership, joint venture, general
36		-	partner of a partnership, limited liability company, registered limited liability partnership, foreign
37		-	limited liability partnership, association, corporation, unincorporated business, company,
38		-	syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor,
39		-	administrator, assignee, fiduciary, or entity of any kind.”
40		-	(b) Section 2363 (D.C. Official Code § 2-218.63) is amended as follows:
41		-	(1) Subsection (c) is amended by striking the phrase “, in accordance with
42		-	procedure set forth in subsection (e) of this section,”.
43		-	(2) Subsection (e) is amended as follows:
44		-	(A) Paragraphs (1), (2), and (3) are amended to read as follows: ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	25-769 2
	10	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 3
	11	+	_______________ 4
	12	+	5
	13	+	6
	14	+	To amend, on an temporary basis, the Small and Certified Business Enterprise Development and 7
	15	+	Assistance Act of 2005 to establish uniform hearing procedures for enforcement actions. 8
	16	+	9
	17	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 10
	18	+	act may be cited as the “Certified Business Enterprise Program Compliance and Enforcement 11
	19	+	Support Temporary Amendment Act of 2024”. 12
	20	+	Sec. 2. The Small and Certified Business Enterprise Development and Assistance Act of 13
	21	+	2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is 14
	22	+	amended as follows: 15
	23	+	(a) Section 2302 (D.C. Official Code § 2-218.02) is amended as follows: 16
	24	+	(1) Paragraph (9A) is redesignated paragraph (9B). 17
	25	+	(2) A new paragraph (9A) is added to read as follows: 18
	26	+	“(9A) “Formal complaint” means a complaint that is submitted to the Department 19
	27	+	in writing, sworn to by the complainant, and notarized.”. 20
	28	+	(3) A new paragraph (10A) is added to read as follows: 21 ENGROSSED ORIGINAL
45	29
46	30
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49	33		2
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51		-	“(e)(1)(A) Any person may file with the Department a formal or informal complaint
52		-	alleging a violation of this act.
53		-	“(B) The Department shall maintain a hotline for the filing of informal
54		-	complaints.
55		-	“(2) Except as provided in paragraph (3) of this subsection, the Department shall
56		-	investigate each formal or informal complaint filed with it.
57		-	“(3) The Department may dismiss a complaint without conducting an
58		-	investigation if the Department determines the complaint is frivolous or otherwise without merit.
59		-	If the Department dismisses a formal complaint as frivolous or otherwise without merit, the
60		-	Department shall prepare a report that includes:
61		-	“(A) A statement detailing the formal complaint, including the name,
62		-	address, and telephone number of the person filing the complaint;
63		-	“(B) The name of the person or certified joint venture alleged to be in
64		-	violation of this act;
65		-	“(C) The facts and law considered in rendering the determination; and
66		-	“(D) Any other information considered in rendering the determination.”.
67		-	(B) Paragraph (4) is repealed.
68		-	(C) New paragraphs (5) and (6) are added to read as follows:
69		-	“(5) After the completion of an investigation conducted pursuant to this
70		-	subsection, the Department shall take such enforcement action, if any, it deems appropriate.
71		-	“(6) The Department shall maintain a record listing all formal complaints, which
72		-	shall contain:
73		-	“(A) The name of the person alleged to be in violation of this act;
74		-	“(B) The date the formal complaint was made to the Department; and
75		-	“(C) A description of the formal complaint.”.
76		-	(3) Subsection (g) is amended to read as follows:
77		-	“(g)(1) Except as provided in paragraph (8) of this subsection, before issuing a civil
78		-	penalty to, or denying, suspending, changing, or revoking a certification, a person or a certified
79		-	joint venture, the Department shall issue a notice of determination to the person or certified joint
80		-	venture. The notice of determination shall describe the:
81		-	“(A) Basis for the Department’s determination;
82		-	“(B) Proposed penalty, if any; and
83		-	“(C) Process and timeline by which the person or certified joint venture
84		-	may request a hearing.
85		-	“(2) Pursuant to paragraph (3) of this subsection, a person or designated
86		-	representative on behalf of a certified joint venture may request a hearing before the Office of
87		-	Administrative Hearings within 10 days after receiving the notice. If the person or certified joint
88		-	venture does not request a hearing within that time, the civil penalty, denial, suspension, change, ENROLLED ORIGINAL
	35	+	“(10A) “Informal complaint” means a complaint other than a formal complaint 22
	36	+	and includes complaints submitted in person, by email, by telephone, or through the 23
	37	+	Department’s complaint hotline.” 24
	38	+	(4) Paragraph (13B) is redesignated as paragraph (13C). 25
	39	+	(5) New paragraph (13B) is added to read as follows: 26
	40	+	“(13B) “Person” means any individual, firm, partnership, joint venture, general 27
	41	+	partner of a partnership, limited liability company, registered limited liability partnership, foreign 28
	42	+	limited liability partnership, association, corporation, unincorporated business, company, 29
	43	+	syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor, 30
	44	+	administrator, assignee, fiduciary, or entity of any kind.” 31
	45	+	(b) Section 2363 (D.C. Official Code § 2-218.63) is amended as follows: 32
	46	+	(1) Subsection (c) is amended by striking the phrase “, in accordance with 33
	47	+	procedures set forth in subsection (e) of this section,”. 34
	48	+	(2) Subsection (e) is amended as follows: 35
	49	+	(A) Paragraphs (1), (2), and (3) are amended to read as follows: 36
	50	+	“(e)(1)(A) Any person may file with the Department a formal or informal 37
	51	+	complaint alleging a violation of this act. 38
	52	+	“(B) The Department shall maintain a hotline for the filing of informal 39
	53	+	complaints. 40 ENGROSSED ORIGINAL
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95		-	or revocation shall become final, and the person or certified joint venture shall be deemed to
96		-	have waived the opportunity for judicial review.
97		-	“(3) If a hearing is requested, the Office of Administrative Hearings shall consider
98		-	the matter pursuant to section 19 of the Office of Administrative Hearings Establishment Act of
99		-	2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.16), and the rules
100		-	issued pursuant to it. The Department shall bear the burden of establishing the violation by a
101		-	preponderance of the evidence.
102		-	“(4) The decision of the Office of Administrative Hearings shall be the final
103		-	administrative decision for the purpose of judicial review.
104		-	“(5) Notice of a final suspension or revocation of a certification shall be published
105		-	on the Department’s website.
106		-	“(6) A business enterprise or joint venture whose certification has been revoked
107		-	shall not be eligible to apply for a new certification from the Department until 36 months after
108		-	the date that the revocation became final.
109		-	“(7)(A) The Department may at any time, upon motion by a business enterprise or
110		-	joint venture whose certification has been suspended or revoked, remove the suspension or
111		-	reissue a certification if the Department determines that it is in the District government’s interest
112		-	to remove the suspension or reissue the certification before the end of the 36-month period and
113		-	the removal or reissuance will not endanger the health, safety, or welfare of the general public.
114		-	“(B) In determining whether to remove a suspension or reissue a
115		-	certification, the Department shall consider whether the business enterprise or joint venture
116		-	submitted satisfactory proof that conditions within, or actions by, the business enterprise or joint
117		-	venture that led to the suspension or revocation have been corrected.
118		-	“(C) A business enterprise or joint venture whose certification is reissued
119		-	shall cease to be subject to the 36-month waiting period established in paragraph (6) of this
120		-	subsection.
121		-	“(8)(A) If, after an investigation, the Department determines that a business
122		-	enterprise or joint venture certified under this act has violated any provision of this act in such a
123		-	manner as to present an imminent danger to the health, safety, or welfare of any person or the
124		-	general public, the Department may summarily suspend the certification of the business
125		-	enterprise or joint venture upon issuing the notice of determination described in paragraph (1) of
126		-	this subsection.
127		-	“(B)(i) The notice of determination shall inform the business enterprise or
128		-	joint venture of the reason for the summary suspension and the right to request a hearing before
129		-	the Office of Administrative Hearings pursuant to this subsection.
130		-	“(ii) If a business enterprise or joint venture timely requests a
131		-	hearing on a summary suspension, the Office of Administrative Hearings shall conduct the
132		-	hearing within 14 days after receiving the request, unless a longer period of time is agreed to by ENROLLED ORIGINAL
	60	+	“(2) Except as provided in paragraph (3) of this subsection, the Department shall 41
	61	+	investigate each formal or informal complaint filed with it. 42
	62	+	“(3) The Department may dismiss a complaint without conducting an 43
	63	+	investigation if the Department determines the complaint is frivolous or otherwise without merit. 44
	64	+	If the Department dismisses a formal complaint as frivolous or otherwise without merit, the 45
	65	+	Department shall prepare a report that includes: 46
	66	+	“(A) A statement detailing the formal complaint, including the name, 47
	67	+	address, and telephone number of the person filing the complaint; 48
	68	+	“(B) The name of the person or certified joint venture alleged to be in 49
	69	+	violation of this act; 50
	70	+	“(C) The facts and law considered in rendering the determination; and 51
	71	+	“(D) Any other information considered in rendering the determination.”. 52
	72	+	(B) Paragraph (4) is repealed. 53
	73	+	(C) New paragraphs (5) and (6) are added to read as follows: 54
	74	+	“(5) After the completion of an investigation conducted pursuant to this 55
	75	+	subsection, the Department shall take such enforcement action, if any, it deems appropriate. 56
	76	+	“(6) The Department shall maintain a record listing all formal complaints, which 57
	77	+	shall contain: 58
	78	+	“(A) The name of the person alleged to be in violation of this act; 59
	79	+	“(B) The date the formal complaint was made to the Department; and 60 ENGROSSED ORIGINAL
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139		-	the business enterprise or joint venture, and shall issue a decision within 14 days after the record
140		-	of the hearing closes.”.
141		-
142		-	Sec. 3. Technical amendment.
143		-	Section 47-2908 of the District of Columbia Official Code is amended by adding a new
144		-	subsection (c) to read as follows:
145		-	“(c) If a business licensed under this section imposes a service fee consistent with the
146		-	provisions of subsection (b) of this section, the imposition of the service fee shall not constitute
147		-	an unfair or deceptive trade practice under § 28-3904.”.
148		-
149		-	Sec. 4. Fiscal impact statement.
150		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
151		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
152		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
153		-
154		-	Sec. 5. Effective date.
155		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by the
156		-	Mayor, action by the Council to override the veto), a 60-day period of congressional review as
157		-	provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24,
158		-	1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)).
159		-	(b) This act shall expire after 225 days of its having taken effect.
160		-
161		-
162		-
163		-	______________________________
164		-	Chairman
165		-	Council of the District of Columbia
	86	+	“(C) A description of the formal complaint.”. 61
	87	+	(3) Subsection (g) is amended to read as follows: 62
	88	+	“(g)(1) Except as provided in paragraph (8) of this subsection, before issuing a civil 63
	89	+	penalty to, or denying, suspending, changing, or revoking a certification, a person or a certified 64
	90	+	joint venture, the Department shall issue a notice of determination to the person or certified joint 65
	91	+	venture. The notice of determination shall describe the: 66
	92	+	“(A) Basis for the Department’s determination; 67
	93	+	“(B) Proposed penalty, if any; and 68
	94	+	“(C) Process and timeline by which the person or certified joint venture 69
	95	+	may request a hearing. 70
	96	+	“(2) Pursuant to paragraph (3) of this subsection, a person or designated 71
	97	+	representative on behalf of a certified joint venture may request a hearing before the Office of 72
	98	+	Administrative Hearings within 10 days after receiving the notice. If the person or certified joint 73
	99	+	venture does not request a hearing within that time, the civil penalty, denial, suspension, change, 74
	100	+	or revocation shall become final, and the person or certified joint venture shall be deemed to 75
	101	+	have waived the opportunity for judicial review. 76
	102	+	“(3) If a hearing is requested, the Office of Administrative Hearings shall consider 77
	103	+	the matter pursuant to section 19 of the Office of Administrative Hearings Establishment Act of 78
	104	+	2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.16), and the rules 79 ENGROSSED ORIGINAL
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170		-	_________________________________
171		-	Mayor
172		-	District of Columbia
	109	+	5
173	110
	111	+	issued pursuant to it. The Department shall bear the burden of establishing the violation by a 80
	112	+	preponderance of the evidence. 81
	113	+	“(4) The decision of the Office of Administrative Hearings shall be the final 82
	114	+	administrative decision for the purpose of judicial review. 83
	115	+	“(5) Notice of a final suspension or revocation of a certification shall be published 84
	116	+	on the Department’s website. 85
	117	+	“(6) A business enterprise or joint venture whose certification has been revoked 86
	118	+	shall not be eligible to apply for a new certification from the Department until 36 months after 87
	119	+	the date that the revocation became final. 88
	120	+	“(7)(A) The Department may at any time, upon motion by a business enterprise or 89
	121	+	joint venture whose certification has been suspended or revoked, remove the suspension or 90
	122	+	reissue a certification, if the Department determines that it is in the District government’s interest 91
	123	+	to remove the suspension or reissue the certification before the end of the 36-month period and 92
	124	+	the removal or reissuance will not endanger the health, safety, or welfare of the general public. 93
	125	+	“(B) In determining whether to remove a suspension or reissuance a certification, 94
	126	+	the Department shall consider whether the business enterprise or joint venture submitted 95
	127	+	satisfactory proof that conditions within, or actions by, the business enterprise or joint venture 96
	128	+	that led to the suspension or revocation have been corrected. 97 ENGROSSED ORIGINAL
	129	+
	130	+
	131	+
	132	+
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	134	+
	135	+	“(C) A business enterprise or joint venture whose certification is reissued shall 98
	136	+	cease to be subject to the 36-month waiting period established in paragraph (6) of this 99
	137	+	subsection. 100
	138	+	“(8)(A) If, after an investigation, the Department determines that a business 101
	139	+	enterprise or joint venture certified under this act has violated any provision of this act in such a 102
	140	+	manner as to present an imminent danger to the health, safety, or welfare of any person or the 103
	141	+	general public, the Department may summarily suspend the certification of the business 104
	142	+	enterprise or joint venture upon issuing the notice of determination described in paragraph (1) of 105
	143	+	this subsection. 106
	144	+	“(B)(i) The notice of determination shall inform the business enterprise or 107
	145	+	joint venture of the reason for the summary suspension and the right to request a hearing before 108
	146	+	the Office of Administrative Hearings pursuant to this subsection. 109
	147	+	“(ii) If a business enterprise or joint venture timely requests 110
	148	+	a hearing on a summary suspension, the Office of Administrative Hearings shall conduct the 111
	149	+	hearing within 14 days after receiving the request, unless a longer period of time is agreed to by 112
	150	+	the business enterprise or joint venture, and shall issue a decision within 14 days after the record 113
	151	+	of the hearing closes.”. 114
	152	+	Sec. 3. Fiscal impact statement. 115 ENGROSSED ORIGINAL
	153	+
	154	+
	155	+
	156	+
	157	+	7
	158	+
	159	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 116
	160	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 117
	161	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 118
	162	+	Sec. 4. Effective date. 119
	163	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by the 120
	164	+	Mayor, action by the Council to override the veto), a 60-day period of congressional review as 121
	165	+	provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 122
	166	+	1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)). 123
	167	+	(b) This act shall expire after 225 days of its having taken effect. 124