D.C. Mun. Regs. tit. 1, r. 1-2804
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 1-2804 - BEGINNING A CIVIL FINE CASE - NOTICE OF VIOLATION2804.1Section 2804 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Litter Control Administration Act (D.C. Official Code §§ 8-801 - 812).
2804.2The District shall file a Notice of Violation, as authorized by law, at OAH, when it is seeking a civil fine. The District shall comply with §§ 2804.5 when filing a Notice of Violation under the Litter Control Administration Act.
2804.3The District shall only serve a copy of the Notice of Violation on the Respondent as authorized by the Litter Control Administration Act.
2804.4If a Respondent files an answer before the District files a Notice of Violation, OAH shall open a case. The Administrative Law Judge may require the District to file the original Notice of Violation.
2804.5(a) If the District serves a Notice of Violation on the Respondent by certified mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it mailed the Notice of Violation. If the District serves a Notice of Violation to a Respondent by certified mail, the District shall file a copy of a USPS electronic return receipt or other proof that the USPS delivered the Notice of Violation to the Respondent's address consistent with the requirements of the Litter Control Administration Act.(b) If the District serves a Notice of Violation on the Respondent by first-class mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it mailed the Notice of Violation. If the District serves a Notice of Violation to a Respondent by first-class mail, the District shall file proof that the USPS delivered the Notice of Violation to the Respondent's address consistent with the requirements of the Litter Control Administration Act, which may include filing an affidavit, on a form approved by the Chief Administrative Law Judge, verifying that the United States Postal Service (USPS) did not return the Notice of Violation to the District.(c) If the District serves a Notice of Violation on the Respondent by personal service, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it served the Notice of Violation. If the District serves a Notice of Violation by personal service (hand-delivery) to the owner, the owner's authorized agent, the building superintendent, the operator of equipment, or any other responsible individual at the premises, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, providing specific facts from which the presiding ALJ can determine the identity of the person served.(d) If the District serves a Notice of Violation on the Respondent by conspicuous posting mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it posted the Notice of Violation. If the District serves a Notice of Violation by posting the notice in a conspicuous place on the premises in violation, the District also shall file an affidavit or other evidence providing specific facts regarding the time and location of posting.2804.6When it files a Notice of Violation, the District shall file a copy of all exhibits it expects to offer at any hearing in the case and shall provide a copy of each exhibit to the Respondent. An Administrative Law Judge may allow the District to use exhibits that it did not file or provide in accordance with this Subsection if there is no prejudice to the Respondent.
2804.7OAH may refuse to accept for filing or later dismiss any Notice of Violation that does not comply with the applicable law or these Rules.
D.C. Mun. Regs. tit. 1, r. 1-2804
Final Rulemaking published at 51 DCR 6399(June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8606(September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12544 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .