D.C. Mun. Regs. tit. 1, r. 1-2834

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2834 - ABATEMENT COST REQUESTS

2834.1

Before or after an Administrative Law Judge has issued a final order finding a Respondent liable for a violation of the Litter Control Administration Act, the District may file and serve a motion to require the Respondent to pay abatement costs. The District shall file and serve the motion, with an itemization of costs, not later than one-hundred and twenty (120) calendar days after service of a final order. A Respondent shall have fourteen (14) calendar days from the date of being served with the motion to file and serve a response on the District.

2834.2

A Respondent may request a hearing on the District's motion. The request shall be in writing and shall be filed within thirty (30) calendar days after the District serves its motion.

2834.3

If a Respondent timely requests a hearing on the District's motion, the presiding Administrative Law Judge shall hold a hearing on the issue of abatement costs. At the hearing on abatement costs, the Administrative Law Judge shall not consider any arguments or evidence relating to Respondent's previously established liability for the violation. A Respondent's liability has been previously established if:

(a) An Administrative Law Judge has held a separate hearing on the violation and found the Respondent liable for the violation;

(b) The Respondent has admitted liability; or

(c) An Administrative Law Judge has found the Respondent in default.

2834.4

If liability has not been previously established, the Administrative Law Judge may consolidate the liability and abatement cost hearings in their sole discretion.

2834.5

If a Respondent does not file a timely request for a hearing on the District's motion, the Administrative Law Judge may:

(a) Decide, based on the papers filed, whether the District is entitled to recover abatement costs and their amount; or

(b) Before deciding the issue, order the District and the Respondent to appear for a hearing on the issue.

D.C. Mun. Regs. tit. 1, r. 1-2834

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12569 (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)) .