506.1With respect to a matter governed by this chapter, a person adversely affected or aggrieved by an action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002, as amended (D.C. Law 14-76; D.C. Official Code, §§ 2-1831.01et seq. (2007 Repl. & 2012 Supp.)), or OAH's successor.
506.2For the purposes of this chapter, an action of the Department taken with respect to a person shall include:
(a) Signed settlement of an internal Notice of Infraction (NOI);(g) Cease and desist order;(i) Order to show cause; or(j) Other action of the Department which constitutes the consummation of the Department's decision-making process and is determinative of a person's rights or obligations.506.3For the purposes of this chapter, a DDOE internal Notice of Violation or NOI:
(a) Shall not be an action of the Department that a person may appeal to OAH;(b) Shall be responded to within fifteen (15) calendar days of service of the notice, including a written statement containing the grounds, if any, for opposition; and(c) Shall not constitute a waiver of compliance or tolling of a period for a fine or penalty.506.4If a person fails to agree to or settle an internal NOI or otherwise denies a claim stated in an internal NOI:
(a) The Department may cancel the internal NOI and file an NOI for adjudication with OAH; or(b) The person may request adjudication by OAH.506.5A person aggrieved by an action of the Department shall file a written appeal with OAH within the following time period:
(a) Within fifteen (15) calendar days of service of the notice of the action; or(b) Another period of time stated specifically in the section for an identified Department action.506.6Notwithstanding another provision of this section, the Department may toll a period for filing an administrative appeal with OAH if it does so explicitly in writing before the period expires.
506.7OAH shall:
(a) Resolve an appeal or an NOI by:(1) Affirming, modifying, or setting aside the Department's action complained of, in whole or in part;(2) Remanding for Department action or further proceedings, consistent with OAH's order; or(3) Providing such other relief as the governing statutes, regulations and rules support;(b) Act with the same jurisdiction, power, and authority as the Department may have for the matter currently before OAH; and(c) By its final decision render a final agency action which will be subject to judicial review.506.8The filing of an administrative appeal shall not in itself stay enforcement of an action; except that a person may request a stay according to the rules of OAH.
506.9The burden of proof in an appeal of an action of the Department shall be allocated to the person who appeals the action, except the Department shall bear the ultimate burden of proof when it denies a right.
506.10The burden of production in an appeal of an action of the Department shall be allocated to the person who appeals the action, except that it shall be allocated:
(a) To the Department when a party challenges the Department's suspension, revocation, or termination of a:(3) Continuation of an approval; or(b) To the party who asserts an affirmative defense; and(c) To the party who asserts an exception to the requirements or prohibitions of a statute or rule.506.11The final OAH decision on an administrative appeal shall thereafter constitute the final, reviewable action of the Department, and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.
506.12An action for judicial review of a final OAH decision shall not be a de novo review, but shall be a review of the administrative record alone and not duplicate agency proceedings or hear additional evidence.
506.13Nothing in this chapter shall be interpreted to:
(a) Provide that a filing of a petition for judicial review stays enforcement of an action; or(b) Prohibit a person from requesting a stay according to the rules of the court.506.14If a term in a provision of this section conflicts with a provision in another section of this chapter, the term in the provision of this section controls.
D.C. Mun. Regs. tit. 21, r. 21-506
Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)), 8 DCRR § 8 -2:804, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013)The Building Code referred to in this section has been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. Section 12 of D.C. Law 6-216 provides that the construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500 -15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor's Order 2006-61, dated June 14, 2006, and its delegations of authority.