Wednesday, September 24, 2014

District of Columbia Official Code
Division V. Local Business Affairs.
Title 28. Commercial Instruments and Transactions.
Subtitle II. Other Commercial Transactions.
Chapter 45. Restraints of Trade
D.C. Code § 28-4501 (2014)

Wednesday, September 24, 2014

District of Columbia Official Code
Division I. Government of District.
Title 2. Government Administration.
Chapter 3B. Other Procurement Matters.
Subchapter I. Procurement Related Claims.
D.C. Code § 2-381.09 (2014)

This fact sheet is also available in Amharic, Chinese, French, Korean, Vietnamese and Spanish.

The Civil Litigation Division in The Office of the Attorney General (OAG) operates a Community Dispute Resolution Program. The Program provides for mediation or alternative dispute resolution of certain monetary claims for property damage or personal injury asserted against the District of Columbia. The program provides a quick, fair, and informal way of resolving claims while saving all parties money and time. In this program, the parties will initially attempt to informally mediate a settlement of the case directly with each other. If informal mediation directly between the parties is unsuccessful, the parties may elect to appear before a neutral mediator to present the claim. The neutral mediator, who may be a retired judge or attorney, will hear claims and conduct binding or non-binding mediation.

If the parties agree to binding mediation, the neutral mediator’s decision is final, and is not appealable or subject to judicial review. If the parties agree to non-binding mediation, the parties may agree to accept the award, or they may reject it and proceed with the court case. The ceiling on all awards is $50,000—the Program will not accept claims exceeding $50,000.

Download more information about the mediation program. If you have any questions, please contact Tonia Robinson at (202) 724-6507.

Program Requirements and Procedure:

Program Eligibility

  • Only cases seeking monetary damages are eligible for inclusion in the program. Cases seeking other types of relief, such as injunctive or declaratory relief, are not eligible for the Program.
  • Cases in which the question whether the conduct was within the employee’s duties or “scope of employment” is at issue or in which there is an individually named employee as defendant are not eligible for this program unless all named defendants agree to participate in this program.
  • The maximum amount of money damages that can be sought or awarded is $50,000.
  • No attorney’s fees or costs can be awarded.

Procedure

  • A plaintiff will initially agree to participate in an informal mediation directly with the District. If the case is not resolved in that mediation, the parties may agree to binding or non-binding dispute resolution or mediation before a neutral mediator.
  • The informal mediation will occur first and will be handled directly by counsel for the plaintiff and for the District of Columbia. The informal mediation will be convened by either the Deputy or Assistant Deputy of the Civil Litigation Division.
  • If the informal mediation results in a settlement, the parties will confirm the settlement in writing, and thereafter execute a written release and all necessary documents.
  • If the informal mediation is unsuccessful, the parties may discontinue their mediation effort and continue with the case in court. Alternatively, the parties may elect to have the matter heard and decided by a neutral mediator. Under this approach, each side will present their case to the neutral mediator, who will decide what amount, if any, should be awarded. Following each side’s presentation of their case and their evidence, but before the neutral mediator issues a decision, the parties will decide whether the neutral mediator’s decision will be binding or non-binding. Both parties must agree that the decision will be binding. If both parties do not agree that the neutral mediator’s decision will be binding, the mediator’s decision will be non-binding.
  • If the parties agree to a binding decision by the neutral mediator, the parties will also agree in writing that the neutral mediator’s decision is a full resolution of the claim and that the parties are foregoing any further litigation or consideration of the claim under any theory of liability in court or in any other forum or proceeding.
  • This agreement to binding mediation will not create any right, entitlement or benefit to any person not a party to the agreement. The only benefit the plaintiff has under the agreement for binding mediation is for the payment of an award if binding mediation is agreed to and there is a final decision with an award in favor of the plaintiff.
  • Each side will agree to a “non-disparagement” restriction under which neither side may make derogatory remarks or negative comments about the other side, the underlying incident or the mediation.
  • The mediation decision shall not be admissible (or relied upon by the party or any third party) in any other litigation or court or proceeding other than in a proceeding to enforce any agreement reached to resolve the matter.
  • There is no right to subpoena witnesses or to compel the attendance of a witness or production of document(s) to the mediation proceeding.
  • There is no right to discovery.
  • There is no motions practice.
  • Either party may appear pro se or with counsel.
  • The mediation proceeding is limited to the mediator and the parties – it is not a public proceeding.
  • The rules of evidence as applicable to an agency or administrative proceeding shall apply.
  • All decisions of the mediator and all agreements reached are not subject to any appeal or judicial review of any kind.

The Office of the Attorney General seeks to ensure that our services and programs are fully accessible to all. In accordance with the D.C. Human Rights Act of 1977, as amended, D.C. Official Code, Section 2-1401.01 et. seq., (Act) the Office of the Attorney General and the District of Columbia does not discriminate on the basis of actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, genetic information, source of income, or place of residence or business. Sexual harassment is a form of sex discrimination which is also prohibited by the Act. In addition, harassment based on any of the above protected categories is prohibited by the Act. Discrimination in violation of the Act will not be tolerated. Violators will be subject to disciplinary action.

In addition, if you do you require any accommodation due to a disability or impairment to participate in this or other Office of Attorney General service or program, please contact Tonia Robinson at (202) 724-6516.

Please see attachment for the downloadable forms and more information.

 

Biennial Report for Fiscal Years 2015-2016

Child Support Services Division Report Cover

The Child Support Services Division (CSSD) provides critical services to the families of the District of Columbia. CSSD helps establish paternity for children, so they know who their parents are and can turn to them for support. Attorneys go to court on a daily basis to establish child support orders so that children can be provided for financially and they work with parents to help them find jobs that allow them to be the financial backbone of their families.

We invite you to browse our Biennial Report for Fiscal Years 2015-2016 to learn more about CSSD's background, our year in review, success stories, and what our goals are looking ahead.

Monday, January 7, 2013

DC Attorney General Irvin B. Nathan said he supports the substance of a measure on local budget autonomy approved by the DC Council.

Thursday, August 10, 2006

Reference: HS 178 R8/06

2006 Participant Manual for the National Highway Traffic Safety Administration (NHTSA), DWI Detection and Standardized Field Sobriety Testing (SFST) course [182 pgs]

The procedures outlined in this manual describe how the Standardized Field Sobriety Tests (SFSTs) are to be administered under ideal conditions in the field, because such conditions will not always exist. Even when administered under less than ideal conditions, they will generally serve as valid and useful indicators of impairment. Slight variations from the ideal, i.e., the inability to find a perfectly smooth surface at roadside, may have some affect on the evidentiary weight given to the results. However, this does not necessarily make the SFSTs invalid.

Contents

I. Introduction and Overview
II. Detection and General Deterrence
III. The Legal Environment
IV. Overview of Detection, Note-Taking and Testimony
V. Phase One: Vehicle in Motion
VI. Phase Two: Personal Contact
VII. Phase Three: Pre-arrest Screening
VIII. Concepts and Principles of the Standardized Field Sobriety Tests
IX. Test Battery Demonstrations
X. "Dry Run" Practice Session
XI. "Testing Subjects" Practice: First Session
XII. Processing the Arrested Suspect and Preparation for Trial
XIII. Report Writing Exercise and Moot Court
XIV. "Testing Subjects" Practice: Second Session
XV. Review and Proficiency Examinations
XVI. Written Examination and Program Conclusion

OAG can bring court actions against those who violate the False Claims Act by making false claims to the District Government for the purpose of improperly obtaining or retaining government funds. Examples of False Claims Act violators include contractors and grantees who seek to have the District pay for work that was not fully or properly performed. Many of the District's False Claims Act recoveries are for Medicaid fraud. OAG may recover treble damages, civil penalties, and attorney’s fees for violations of the District’s False Claims Act, DC Code §§ 2-381.01 to 2-381.09.

Form for Reporting Suspected Fraud Against the Government

Links to Selected False Claims Act Provisions

Plaintiffs' Amended Complaint

Plaintiffs' Memorandum in Support of Plantiffs' Motion for Leave to File an Amended Complaint