District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0900 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
5		-
6	1		1
7	2
8		-	AN ACT
	3	+	___________________________________ 1
	4	+	Councilmember Kenyan R. McDuffie 2
	5	+	3
	6	+	A BILL 4
	7	+	___________ 5
	8	+	6
	9	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
	10	+	_______________ 8
	11	+	9
	12	+	To amend, on an emergency basis, due to congressional review, the Small and Certified Business 10
	13	+	Enterprise Development and Assistance Act of 2005 to establish uniform hearing 11
	14	+	procedures for enforcement actions. 12
	15	+	13
	16	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 14
	17	+	act may be cited as the “Certified Business Enterprise Program Compliance and Enforcement 15
	18	+	Support Congressional Review Emergency Amendment Act of 202 4”. 16
	19	+	Sec. 2. The Small and Certified Business Enterprise Development and Assistance Act of 17
	20	+	2005, effective October 20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2- 218.01 et seq .), is 18
	21	+	amended as follows: 19
	22	+	(a) Section 2302 (D.C. Official Code § 2- 218.02) is amended as follows: 20
	23	+	(1) Paragraph (9A) is redesignated paragraph (9B). 21
	24	+	(2) A new paragraph (9A) is added to read as follows: 22
	25	+	“(9A) “Formal c omplaint” means a complaint that is submitted to the Department 23
	26	+	in writing, sworn to by the complainant, and notarized.”. 24
	27	+	(3) A new paragraph (10A) is added to read as follows: 25
	28	+	“(10A) “Informal c omplaint” means a complaint other than a formal complaint 26
	29	+	and includes complaints submitted in person, by email, by tele phone, or through the 27
	30	+	Department’s complaint hotline.”. 28
	31	+	(4) Paragraph (13B) is redesignated as paragraph (13C). 29 2
9	32
10		-	___________
	33	+	(5) A new paragraph (13B) is added to read as follows: 30
	34	+	“(13B) “Person” means any individual, firm, partnership, joint venture, general 31
	35	+	partner of a partnership, limited liability company, registered limited liability partnership, foreign 32
	36	+	limited liability partnership, association, corporation, unincorporated business, company, 33
	37	+	syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor, 34
	38	+	administrator, assignee, fiduciary, or entity of any kind.” 35
	39	+	(b) Section 2363 (D.C. Official Code § 2- 218.63) is amended as follows: 36
	40	+	(1) Subsection (c) is amended by st riking the phrase “, in accordance with the 37
	41	+	procedure set forth in subsection (e) of this section,”. 38
	42	+	(2) Subsection (e) is amended as follows: 39
	43	+	(A) Paragraphs (1), (2), and (3) are amended to read as follows: 40
	44	+	“(e)(1)(A) Any person may file with the Department a formal or informal 41
	45	+	complaint alleging a violation of this act. 42
	46	+	“(B) The Department shall maintain a hotline for the filing of informal 43
	47	+	complaints. 44
	48	+	“(2) Except as provided in paragraph (3) of this subsection, the Department shall 45
	49	+	investigate each formal or informal complaint filed with it . 46
	50	+	“(3) The Department may dismiss a complaint without conducting an 47
	51	+	investigation if the Department determines the complaint is frivolous or otherwise without merit. 48
	52	+	If the Department dismisses a formal complaint as frivolous or otherwise without merit, the 49
	53	+	Department shall prepare a report that includes : 50
	54	+	“(A) A statement detailing the formal complaint, including the name, 51
	55	+	address, and telephone number of the person filing the complaint; 52 3
11	56
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
	57	+	“(B) The name of the person or certified joint venture alleged to be in 53
	58	+	violation of this act; 54
	59	+	“(C) The facts and law considered in rendering the determination; and 55
	60	+	“(D) Any other information considered in rendering the determination.”. 56
	61	+	(B) Paragraph (4) is repealed. 57
	62	+	(C) New paragraphs (5) and (6) are added to read as follows: 58
	63	+	“(5) After the completion of an investigation conducted pursuant to this 59
	64	+	subsection, the Department shall take such enforcement action, if any, it deems appropriate. 60
	65	+	“(6) The Department shall maintain a record listing all formal complaints, which 61
	66	+	shall contain: 62
	67	+	“(A) The name of the person alleged to be in violation of this act; 63
	68	+	“(B) The date the formal complaint was made to the Department; and 64
	69	+	“(C) A description of the formal complaint. ”. 65
	70	+	(3) Subsection (g) is amended to read as follows: 66
	71	+	“(g)(1) Except as provided in paragraph ( 8) of this subsection, before issuing a civil 67
	72	+	penalty to, or denying, suspending, changing, or revoking a certification, a person or a certified 68
	73	+	joint venture, the Department shall issue a notice of determination to the person or certified joint 69
	74	+	venture. The notice of determination shall describe the : 70
	75	+	“(A) Basis for the Department’s determination; 71
	76	+	“(B) Proposed penalty, if any; and 72
	77	+	“(C) Process and timeline by which the person or certified joint venture 73
	78	+	may request a hearing. 74 4
13	79
14		-	_________________________
	80	+	“(2) Pursuant to paragraph (3) of this subsection, a person or designated 75
	81	+	representative on behalf of a certified joint venture may request a hearing before the Office of 76
	82	+	Administrative Hearings within 10 days after receiving the notice. If the person or certified joint 77
	83	+	venture does not request a hearing within that time, the civil penalty, denial, suspension, change, 78
	84	+	or revocation shall become final, and the person or certified joint venture shall be deemed to 79
	85	+	have waived the opportunity for judicial review. 80
	86	+	“(3) If a hearing is requested, the Office of Administrative Hearings shall consider 81
	87	+	the matter pursuant to section 19 of the Office of Administrative Hearings Establishment Act of 82
	88	+	2001, effective March 6, 2002 (D.C. Law 14- 76; D.C. Official Code § 2- 1831.16), and the rules 83
	89	+	issued pursuant to it. The Department shall bear the burden of establishing the violation by a 84
	90	+	preponderance of the evidence. 85
	91	+	“(4) The decision of the Office of Administrative Hearings shall be the final 86
	92	+	administrative decision for the purpose of judicial review. 87
	93	+	“(5) Notice of a final suspension or revocation of a certification shall be published 88
	94	+	on the Department’s website. 89
	95	+	“(6) A business enterprise or joint venture whose certification has been revoked 90
	96	+	shall not be eligible to apply for a new certification from the Department until 36 months after 91
	97	+	the date that the revocation became final. 92
	98	+	“(7)(A) The Department may at any time, upon motion by a business enterprise or 93
	99	+	joint venture whose certification has been suspended or revoked, remove the suspension or 94
	100	+	reissue a certification if the Department determines that it is in the District government’s interest 95
	101	+	to remove the suspension or reissue the certification before the end of the 36-month period and 96
	102	+	the removal or reissuance will not endanger the health, safety, or welfare of the general public. 97 5
15	103
	104	+	“(B) In determining whether to remov e a suspension or reissue a certification, the 98
	105	+	Department shall consider whether the business enterprise or joint venture submitted satisfactory 99
	106	+	proof that conditions within, or actions by, the business enterprise or joint venture that led to the 100
	107	+	suspension or revocation have been corrected. 101
	108	+	“(C) A business enterprise or joint venture whose certification is reissued shall 102
	109	+	cease to be subject to the 36-month waiting period established in paragraph (6) of this 103
	110	+	subsection. 104
	111	+	“(8)(A) If, after an investigation, the Department determines that a business 105
	112	+	enterprise or joint venture certified under this act has violated any provision of this act in such a 106
	113	+	manner as to present an imminent danger to the health, safety, or welfare of any person or the 107
	114	+	general public, the Department may summarily suspend the certification of the business 108
	115	+	enterprise or joint venture upon issuing the notice of determination described in paragraph (1) of 109
	116	+	this subsection. 110
	117	+	“(B)(i) The notice of determination shall inform the business enterprise or 111
	118	+	joint venture of the reason for the summary suspension and the right to request a hearing before 112
	119	+	the Office of Administrative Hearings pursuant to this subsection. 113
	120	+	“(ii) If a business enterprise or joint venture timely requests 114
	121	+	a hearing on a summary suspension, the Office of Administrative Hearings shall conduct the 115
	122	+	hearing within 14 days after receiving the request, unless a longer period of time is agreed to by 116
	123	+	the business enterprise or joint venture , and shall issue a decision within 14 days after the record 117
	124	+	of the hearing closes.”. 118
	125	+	Sec. 3. Applicability. 119
	126	+	This act shall apply as of July 14, 2024. 120 6
16	127
17		-	To amend, on an emergency basis, due to congressional review, the Small and Certified Business
18		-	Enterprise Development and Assistance Act of 2005 to establish uniform hearing
19		-	procedures for enforcement actions.
20		-
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	act may be cited as the “Certified Business Enterprise Program Compliance and Enforcement
23		-	Support Congressional Review Emergency Amendment Act of 2024”.
24		-
25		-	Sec. 2. The Small and Certified Business Enterprise Development and Assistance Act of
26		-	2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is
27		-	amended as follows:
28		-	(a) Section 2302 (D.C. Official Code § 2-218.02) is amended as follows:
29		-	(1) Paragraph (9A) is redesignated paragraph (9B).
30		-	(2) A new paragraph (9A) is added to read as follows:
31		-	“(9A) “Formal complaint” means a complaint that is submitted to the Department
32		-	in writing, sworn to by the complainant, and notarized.”.
33		-	(3) A new paragraph (10A) is added to read as follows:
34		-	“(10A) “Informal complaint” means a complaint other than a formal complaint
35		-	and includes complaints submitted in person, by email, by telephone, or through the
36		-	Department’s complaint hotline.”.
37		-	(4) Paragraph (13B) is redesignated as paragraph (13C).
38		-	(5) A new paragraph (13B) is added to read as follows:
39		-	“(13B) “Person” means any individual, firm, partnership, joint venture, general
40		-	partner of a partnership, limited liability company, registered limited liability partnership, foreign
41		-	limited liability partnership, association, corporation, unincorporated business, company,
42		-	syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor,
43		-	administrator, assignee, fiduciary, or entity of any kind.”
44		-	(b) Section 2363 (D.C. Official Code § 2-218.63) is amended as follows: ENROLLED ORIGINAL
45		-
46		-
47		-
48		-
49		-	2
50		-
51		-	(1) Subsection (c) is amended by striking the phrase “, in accordance with the
52		-	procedure set forth in subsection (e) of this section,”.
53		-	(2) Subsection (e) is amended as follows:
54		-	(A) Paragraphs (1), (2), and (3) are amended to read as follows:
55		-	“(e)(1)(A) Any person may file with the Department a formal or informal
56		-	complaint alleging a violation of this act.
57		-	“(B) The Department shall maintain a hotline for the filing of informal
58		-	complaints.
59		-	“(2) Except as provided in paragraph (3) of this subsection, the Department shall
60		-	investigate each formal or informal complaint filed with it.
61		-	“(3) The Department may dismiss a complaint without conducting an
62		-	investigation if the Department determines the complaint is frivolous or otherwise without merit.
63		-	If the Department dismisses a formal complaint as frivolous or otherwise without merit, the
64		-	Department shall prepare a report that includes:
65		-	“(A) A statement detailing the formal complaint, including the name,
66		-	address, and telephone number of the person filing the complaint;
67		-	“(B) The name of the person or certified joint venture alleged to be in
68		-	violation of this act;
69		-	“(C) The facts and law considered in rendering the determination; and
70		-	“(D) Any other information considered in rendering the determination.”.
71		-	(B) Paragraph (4) is repealed.
72		-	(C) New paragraphs (5) and (6) are added to read as follows:
73		-	“(5) After the completion of an investigation conducted pursuant to this
74		-	subsection, the Department shall take such enforcement action, if any, it deems appropriate.
75		-	“(6) The Department shall maintain a record listing all formal complaints, which
76		-	shall contain:
77		-	“(A) The name of the person alleged to be in violation of this act;
78		-	“(B) The date the formal complaint was made to the Department; and
79		-	“(C) A description of the formal complaint.”.
80		-	(3) Subsection (g) is amended to read as follows:
81		-	“(g)(1) Except as provided in paragraph (8) of this subsection, before issuing a civil
82		-	penalty to, or denying, suspending, changing, or revoking a certification, a person or a certified
83		-	joint venture, the Department shall issue a notice of determination to the person or certified joint
84		-	venture. The notice of determination shall describe the:
85		-	“(A) Basis for the Department’s determination;
86		-	“(B) Proposed penalty, if any; and
87		-	“(C) Process and timeline by which the person or certified joint venture
88		-	may request a hearing. ENROLLED ORIGINAL
89		-
90		-
91		-
92		-
93		-	3
94		-
95		-	“(2) Pursuant to paragraph (3) of this subsection, a person or designated
96		-	representative on behalf of a certified joint venture may request a hearing before the Office of
97		-	Administrative Hearings within 10 days after receiving the notice. If the person or certified joint
98		-	venture does not request a hearing within that time, the civil penalty, denial, suspension, change,
99		-	or revocation shall become final, and the person or certified joint venture shall be deemed to
100		-	have waived the opportunity for judicial review.
101		-	“(3) If a hearing is requested, the Office of Administrative Hearings shall consider
102		-	the matter pursuant to section 19 of the Office of Administrative Hearings Establishment Act of
103		-	2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.16), and the rules
104		-	issued pursuant to it. The Department shall bear the burden of establishing the violation by a
105		-	preponderance of the evidence.
106		-	“(4) The decision of the Office of Administrative Hearings shall be the final
107		-	administrative decision for the purpose of judicial review.
108		-	“(5) Notice of a final suspension or revocation of a certification shall be published
109		-	on the Department’s website.
110		-	“(6) A business enterprise or joint venture whose certification has been revoked
111		-	shall not be eligible to apply for a new certification from the Department until 36 months after
112		-	the date that the revocation became final.
113		-	“(7)(A) The Department may at any time, upon motion by a business enterprise or
114		-	joint venture whose certification has been suspended or revoked, remove the suspension or
115		-	reissue a certification if the Department determines that it is in the District government’s interest
116		-	to remove the suspension or reissue the certification before the end of the 36-month period and
117		-	the removal or reissuance will not endanger the health, safety, or welfare of the general public.
118		-	“(B) In determining whether to remove a suspension or reissue a certification, the
119		-	Department shall consider whether the business enterprise or joint venture submitted satisfactory
120		-	proof that conditions within, or actions by, the business enterprise or joint venture that led to the
121		-	suspension or revocation have been corrected.
122		-	“(C) A business enterprise or joint venture whose certification is reissued shall
123		-	cease to be subject to the 36-month waiting period established in paragraph (6) of this
124		-	subsection.
125		-	“(8)(A) If, after an investigation, the Department determines that a business
126		-	enterprise or joint venture certified under this act has violated any provision of this act in such a
127		-	manner as to present an imminent danger to the health, safety, or welfare of any person or the
128		-	general public, the Department may summarily suspend the certification of the business
129		-	enterprise or joint venture upon issuing the notice of determination described in paragraph (1) of
130		-	this subsection.
131		-	“(B)(i) The notice of determination shall inform the business enterprise or
132		-	joint venture of the reason for the summary suspension and the right to request a hearing before
133		-	the Office of Administrative Hearings pursuant to this subsection. ENROLLED ORIGINAL
134		-
135		-
136		-
137		-
138		-	4
139		-
140		-	“(ii) If a business enterprise or joint venture timely requests
141		-	a hearing on a summary suspension, the Office of Administrative Hearings shall conduct the
142		-	hearing within 14 days after receiving the request, unless a longer period of time is agreed to by
143		-	the business enterprise or joint venture, and shall issue a decision within 14 days after the record
144		-	of the hearing closes.”.
145		-
146		-	Sec. 3. Applicability.
147		-	This act shall apply as of July 14, 2024.
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		-	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), and shall remain in effect for no longer than
157		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
158		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
159		-	89 D.C. Official Code § 1-204.12(a)).
160		-
161		-
162		-	______________________________
163		-	Chairman
164		-	Council of the District of Columbia
165		-
166		-
167		-
168		-
169		-
170		-	_________________________________
171		-	Mayor
172		-	District of Columbia
173		-
	128	+	Sec. 4. Fiscal i mpact s tatement. 121
	129	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 122
	130	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 123
	131	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 124
	132	+	Sec. 5. Effective date. 125
	133	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 126
	134	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 127
	135	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 128
	136	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 129
	137	+	89 D.C. Official Code § 1- 204.12(a)). 130