(a) In a case of contumacy or refusal to obey a subpoena issued to a person under section 106(6), the Ombudsperson may apply to the Superior Court of the District of Columbia for an order requiring the contumacious person to appear.
(b) If the Ombudsperson 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 section 106(6), the Ombudsperson may be awarded reasonable attorney fees and other costs of litigation.
(c) If the Ombudsperson 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 section 106(6) and is not awarded reasonable attorney's fees, the agency or instrumentality challenging the enforcement order shall reimburse the Ombudsperson for any litigation-related expenses or costs incurred.
(Apr. 5, 2021, D.C. Law 23-270, § 107, 68 DCR 001510.)
ApplicabilityApplicability of D.C. Law 23-270: § 301 of D.C. Law 23-270 provided that the creation of this section by § 107 of D.C. Law 23-270 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.