The District of Columbia Auditor may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and any other evidence relating to any matter under investigation by the District of Columbia Auditor.
(Apr. 22, 2004, D.C. Law 15-146, § 2, 51 DCR 2597.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 15-146, the "District of Columbia Auditor Subpoena and Oath Authority Act of 2004", was introduced in Council and assigned Bill No. 15-394, which was referred to Committee on the Whole The Bill was adopted on first and second readings on January 6, 2004, and February 3, 2004, respectively. Signed by the Mayor on February 19, 2004, it was assigned Act No. 15-367 and transmitted to both Houses of Congress for its review. D.C. Law 15-146 became effective on April 22, 2004.
(a) In a case of contumacy or refusal to obey a subpoena issued to a person under § 1-301.171, the Auditor may apply to the Superior Court of the District of Columbia for an order requiring the contumacious person to appear relating to the matter under investigation. Failure to obey the Court's order shall be punishable as contempt of court.
(b) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171, the District of Columbia Auditor may be awarded reasonable attorney fees and other costs of litigation.
(c) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171 and is not awarded reasonable attorney's fees, the District government agency or instrumentality challenging the enforcement order shall reimburse the District of Columbia Auditor for any litigation-related expenses or costs incurred.
(Apr. 22, 2004, D.C. Law 15-146, § 3, 51 DCR 2597; Mar. 11, 2010, D.C. Law 18-119, § 4(a), 57 DCR 906.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-119 designated the existing text as subsec. (a); and added subsecs. (b) and (c).
Legislative History of Laws
For Law 15-146, see notes following § 1-301.171.
For Law 18-119, see notes following § 1-301.44c.
The District of Columbia Auditor, or a delegate authorized by the Auditor, may administer oaths, affirmations, or take affidavits, whenever necessary to perform the duties of the Auditor.
(Apr. 22, 2004, D.C. Law 15-146, § 4, 51 DCR 2597.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-146, see notes following § 1-301.171.
(a) There is established as a nonlapsing fund the District of Columbia Auditor Legal Fund ("Fund"), which shall be administered by the District of Columbia Auditor for the purpose of enforcing the District of Columbia Auditor's subpoena power.
(b) There shall be deposited into the Fund all fees awarded and expenses or costs reimbursed pursuant to § 1-301.172(b) or (c), and any other funds required by law to be deposited into the Fund.
(c) Funds deposited to the Fund shall be used for the purpose of subpoena enforcement against a District government agency or instrumentality challenging the District of Columbia Auditor's subpoena authority. All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the purpose set forth in this section without regard to fiscal year limitation, subject to authorization by Congress.
(Mar. 25, 1977, D.C. Law 1-96, § 4a, as added Mar. 11, 2010, D.C. Law 18- 119, § 4(b), 57 DCR 906.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-119, see notes following § 1-301.44c.
