*NOTE: This section includes amendments by emergency legislation that will expire on November 21, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
*NOTE: This section includes amendments by emergency legislation that will expire on November 21, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) There is established as a special fund the Attorney General Restitution Fund ("Fund"), which shall be administered by the Office of the Attorney General ("OAG") in accordance with subsections (c) and (d) of this section.
(b) Revenue from the following shall be deposited into the Fund:
(1) Awards of restitution for property lost or damages suffered by consumers made under a court order, judgment, or settlement in any action or investigation under § 28-3909(a);
(2) Awards on behalf of an aggrieved employee made under a court order, judgment, or settlement in any action or investigation under § 32-1306(a)(2)(A)(iii); and
(3) Funds collected pursuant to § 1-350.02(a-4)(2).
(c) Money in the Fund shall be used for the following purposes:
(1) The payment of awards as required by a court order, judgment, or settlement in an action or investigation OAG conducts under § 28-3909(a) or § 32-1306(a)(2)(A)(iii);
(2) The payment of costs and expenses related to maintaining the Fund, including costs associated with the claims process described in subsection (e) of this section; and
(3) Supplying initial funding for, and from time-to-time replenishing, the Tenant Receivership Act Abatement Fund pursuant to § 1-301.86e(b)(1)(A).
(d) Before the OAG authorizes any payments from the Fund to an individual under this section, the Office of the Chief Financial Officer shall determine whether the individual owes any amount to the District and deduct the amount owed from the award to the individual, if any.
(e)(1) Upon receipt of revenue resulting from an award under this section, OAG shall conduct a claims procedure to:
(A) Locate each person entitled to receive an award; and
(B) Distribute the awarded amounts to these individuals, minus any amounts deducted under subsection (d) of this section.
(2) At the conclusion of the claims procedure under paragraph (1) of this subsection or the time period for payment designated by a court order, judgment, or settlement, and if not otherwise directed by the court order, judgment, or settlement, OAG may apply any part of the award to the costs and expenses related to maintaining the Fund and conducting the claims process under subsection (c)(2) of this section.
(3) After paragraphs (1) and (2) of this subsection have been completed, any excess funds remaining from the award shall be treated as unclaimed property pursuant to Chapter 1 of Title 41.
(f)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(g) The Attorney General, pursuant to subchapter I of Chapter 5 of Title 2), may issue rules to implement the provisions of this section.
(h) Repealed.
(May 27, 2010, D.C. Law 18-160, § 106c; as added Dec. 13, 2017, D.C. Law 22-33, § 3072(b), 64 DCR 7652; Aug. 23, 2021, D.C. Act 24-159, §§ 1032(b), 1093(a), 68 DCR 008602.)
Emergency LegislationFor temporary (90 days) amendment of this section, see § 1093(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 days) amendment of this section, see § 1032(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90-day) creation of this section, see § 3072(b) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 3072(b) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).