(a) Following the presentation of evidence to the Ethics Board by the Director of Government Ethics in an adversary proceeding and an open hearing, the Ethics Board may take one or more of the following actions:
(1) Levy a penalty in accordance with § 1-1162.21;
(2) Refer the matter to the United States Attorney for the District of Columbia for enforcement or prosecution;
(3) Refer the matter to the Attorney General of the District of Columbia for enforcement or prosecution; or
(4) Dismiss the action.
(b) The Ethics Board may not refer information concerning an alleged violation of the Code of Conduct or of this subchapter to the United States Attorney for the District of Columbia or the Attorney General of the District of Columbia without the presentation of evidence by the Director of Government Ethics as provided in § 1-1162.14(a).