Code of the District of Columbia

§ 36–601.08. Power to administer oaths and take testimony; subpoena power.

(a)(1) The Chief Financial Officer, the designee of the Chief Financial Officer, or other agent authorized by law ("empowered authority") shall have the power to administer oaths and take testimony under oath relative to a matter of inquiry or investigation undertaken pursuant to Chapter 13 of Title 3.

(2) At a hearing ordered by the Chief Financial Officer or designee, the empowered authority may subpoena witnesses and require production of records, papers, and documents relevant to the inquiry or investigation.

(b) The refusal or failure to provide relevant testimony or produce relevant records, papers, or documents pursuant to a properly issued subpoena of the Chief Financial Officer or designee by any applicant before the empowered authority, or by any officer, director, or employee of the applicant, licensee, or agent, may subject the applicant to summary denial of its application and summary termination of its license or authorization of the licensee or agent.

(c) If a person disobeys the process authorized pursuant to this section or having appeared in obedience to a lawful request to appear refuses to answer any relevant or pertinent question propounded by the empowered authority, the Chief Financial Officer, or designee, may apply to the Superior Court of the District of Columbia ("Court"), or to any judge of the Court if the Court is not in session, setting forth the facts relating to the disobedience to the process or refusal to answer questions, and the Court shall order the person to appear before the Court to answer the questions the person had been asked or to produce the records, papers, or documents sought at the inquiry or investigation.

(d) Upon the person's continued refusal, the Court, in accordance with the appropriate provisions of District law, shall take such punitive action as the Court considers necessary and appropriate.

(e) Notwithstanding the imposition of any punitive action imposed on the person by the Court, the Chief Financial Officer, or designee, may proceed with the inquiry or investigation as if the person had not previously been called to testify.


(Mar. 10, 1981, D.C. Law 3-172, § 4, 27 DCR 4736; Oct. 8, 2016, D.C. Law 21-160, § 7072(h), 63 DCR 10775; May 3, 2019, D.C. Law 22-312, § 2(b), 66 DCR 1402.)

Prior Codifications

2001 Ed., § 3-1308

1981 Ed., § 2-2508.

Emergency Legislation

For temporary (90 days) amendment of applicability provision of D.C. Law 22-312, see § 7177 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of applicability provision of D.C. Law 22-312, see § 7177 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).