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Councilmember Kenyan R. McDuffie 2
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A BILL 4
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
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To amend, on an emergency basis, due to congressional review, the Small and Certified Business 10
Enterprise Development and Assistance Act of 2005 to establish uniform hearing 11
procedures for enforcement actions. 12
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 14
act may be cited as the “Certified Business Enterprise Program Compliance and Enforcement 15
Support Congressional Review Emergency Amendment Act of 202 4”. 16
Sec. 2. The Small and Certified Business Enterprise Development and Assistance Act of 17
2005, effective October 20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2- 218.01 et seq .), is 18
amended as follows: 19
(a) Section 2302 (D.C. Official Code § 2- 218.02) is amended as follows: 20
(1) Paragraph (9A) is redesignated paragraph (9B). 21
(2) A new paragraph (9A) is added to read as follows: 22
“(9A) “Formal c omplaint” means a complaint that is submitted to the Department 23
in writing, sworn to by the complainant, and notarized.”. 24
(3) A new paragraph (10A) is added to read as follows: 25
“(10A) “Informal c omplaint” means a complaint other than a formal complaint 26
and includes complaints submitted in person, by email, by tele phone, or through the 27
Department’s complaint hotline.”. 28
(4) Paragraph (13B) is redesignated as paragraph (13C). 29 2
(5) A new paragraph (13B) is added to read as follows: 30
“(13B) “Person” means any individual, firm, partnership, joint venture, general 31
partner of a partnership, limited liability company, registered limited liability partnership, foreign 32
limited liability partnership, association, corporation, unincorporated business, company, 33
syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor, 34
administrator, assignee, fiduciary, or entity of any kind.” 35
(b) Section 2363 (D.C. Official Code § 2- 218.63) is amended as follows: 36
(1) Subsection (c) is amended by st riking the phrase “, in accordance with the 37
procedure set forth in subsection (e) of this section,”. 38
(2) Subsection (e) is amended as follows: 39
(A) Paragraphs (1), (2), and (3) are amended to read as follows: 40
“(e)(1)(A) Any person may file with the Department a formal or informal 41
complaint alleging a violation of this act. 42
“(B) The Department shall maintain a hotline for the filing of informal 43
complaints. 44
“(2) Except as provided in paragraph (3) of this subsection, the Department shall 45
investigate each formal or informal complaint filed with it . 46
“(3) The Department may dismiss a complaint without conducting an 47
investigation if the Department determines the complaint is frivolous or otherwise without merit. 48
If the Department dismisses a formal complaint as frivolous or otherwise without merit, the 49
Department shall prepare a report that includes : 50
“(A) A statement detailing the formal complaint, including the name, 51
address, and telephone number of the person filing the complaint; 52 3
“(B) The name of the person or certified joint venture alleged to be in 53
violation of this act; 54
“(C) The facts and law considered in rendering the determination; and 55
“(D) Any other information considered in rendering the determination.”. 56
(B) Paragraph (4) is repealed. 57
(C) New paragraphs (5) and (6) are added to read as follows: 58
“(5) After the completion of an investigation conducted pursuant to this 59
subsection, the Department shall take such enforcement action, if any, it deems appropriate. 60
“(6) The Department shall maintain a record listing all formal complaints, which 61
shall contain: 62
“(A) The name of the person alleged to be in violation of this act; 63
“(B) The date the formal complaint was made to the Department; and 64
“(C) A description of the formal complaint. ”. 65
(3) Subsection (g) is amended to read as follows: 66
“(g)(1) Except as provided in paragraph ( 8) of this subsection, before issuing a civil 67
penalty to, or denying, suspending, changing, or revoking a certification, a person or a certified 68
joint venture, the Department shall issue a notice of determination to the person or certified joint 69
venture. The notice of determination shall describe the : 70
“(A) Basis for the Department’s determination; 71
“(B) Proposed penalty, if any; and 72
“(C) Process and timeline by which the person or certified joint venture 73
may request a hearing. 74 4
“(2) Pursuant to paragraph (3) of this subsection, a person or designated 75
representative on behalf of a certified joint venture may request a hearing before the Office of 76
Administrative Hearings within 10 days after receiving the notice. If the person or certified joint 77
venture does not request a hearing within that time, the civil penalty, denial, suspension, change, 78
or revocation shall become final, and the person or certified joint venture shall be deemed to 79
have waived the opportunity for judicial review. 80
“(3) If a hearing is requested, the Office of Administrative Hearings shall consider 81
the matter pursuant to section 19 of the Office of Administrative Hearings Establishment Act of 82
2001, effective March 6, 2002 (D.C. Law 14- 76; D.C. Official Code § 2- 1831.16), and the rules 83
issued pursuant to it. The Department shall bear the burden of establishing the violation by a 84
preponderance of the evidence. 85
“(4) The decision of the Office of Administrative Hearings shall be the final 86
administrative decision for the purpose of judicial review. 87
“(5) Notice of a final suspension or revocation of a certification shall be published 88
on the Department’s website. 89
“(6) A business enterprise or joint venture whose certification has been revoked 90
shall not be eligible to apply for a new certification from the Department until 36 months after 91
the date that the revocation became final. 92
“(7)(A) The Department may at any time, upon motion by a business enterprise or 93
joint venture whose certification has been suspended or revoked, remove the suspension or 94
reissue a certification if the Department determines that it is in the District government’s interest 95
to remove the suspension or reissue the certification before the end of the 36-month period and 96
the removal or reissuance will not endanger the health, safety, or welfare of the general public. 97 5
“(B) In determining whether to remov e a suspension or reissue a certification, the 98
Department shall consider whether the business enterprise or joint venture submitted satisfactory 99
proof that conditions within, or actions by, the business enterprise or joint venture that led to the 100
suspension or revocation have been corrected. 101
“(C) A business enterprise or joint venture whose certification is reissued shall 102
cease to be subject to the 36-month waiting period established in paragraph (6) of this 103
subsection. 104
“(8)(A) If, after an investigation, the Department determines that a business 105
enterprise or joint venture certified under this act has violated any provision of this act in such a 106
manner as to present an imminent danger to the health, safety, or welfare of any person or the 107
general public, the Department may summarily suspend the certification of the business 108
enterprise or joint venture upon issuing the notice of determination described in paragraph (1) of 109
this subsection. 110
“(B)(i) The notice of determination shall inform the business enterprise or 111
joint venture of the reason for the summary suspension and the right to request a hearing before 112
the Office of Administrative Hearings pursuant to this subsection. 113
“(ii) If a business enterprise or joint venture timely requests 114
a hearing on a summary suspension, the Office of Administrative Hearings shall conduct the 115
hearing within 14 days after receiving the request, unless a longer period of time is agreed to by 116
the business enterprise or joint venture , and shall issue a decision within 14 days after the record 117
of the hearing closes.”. 118
Sec. 3. Applicability. 119
This act shall apply as of July 14, 2024. 120 6
Sec. 4. Fiscal i mpact s tatement. 121
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 122
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 123
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 124
Sec. 5. Effective date. 125
This act shall take effect following approval by the Mayor (or in the event of veto by the 126
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 127
90 days, as provided for emergency acts of the Council of the District of Columbia in section 128
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 129
89 D.C. Official Code § 1- 204.12(a)). 130