D.C. Mun. Regs. tit. 22, r. 22-B2505

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

Rule 22-B2505 - ENFORCEMENT

2505.1

Failure of either the employer or the health professional to submit a required report in accordance with this chapter to notify the proper authorities of actions identified in this chapter may result in the imposition of fines.

2505.2

The Director or the appropriate board, commission or authority may issue a Notice of Infraction (NOI) to the employer or health professional imposing a civil fine whenever the Director or board, commission or authority has reasonable grounds to believe the employer or health professional is in violation of a requirement of this title.

2505.3

An NOI shall be in writing in a form prescribed by the Director and shall include:

(a) The name of the health provider or employer ("respondent");

(b) A citation or reference to the provision of this title that the respondent has violated;

(c) The alleged event that occurred that was required to be reported;

(d) The amount of the civil fine applicable to the infraction;

(e) A statement that:

(1) The fine must be paid within fifteen (15) calendar days of the date that the NOI has been served on the respondent;

(2) The respondent has the right to request a hearing before the Office of Administrative Hearings ("OAH"); and

(3) If the respondent fails to pay the fine or request a hearing within fifteen (15) calendar days of the date the NOI is served on the respondent, a penalty equal to the amount of the fine may be imposed; and

(f) Any other information the Director may require.

2505.4

Each NOI shall be served and filed in the manner prescribed by 16 DCMR § 3102.

2505.5

In response to an NOI, a respondent shall file a written answer with OAH within fifteen (15) calendar days of the date the NOI is served on the respondent. The answer shall:

(a) Admit the infraction and pay the fine;

(b) Admit the infraction with an explanation, and provide any supporting documentation; or

(c) Deny the infraction and request a hearing.

2505.6

If a respondent admits an infraction in the NOI, the respondent shall include payment of the fine with the answer. If respondent pays the stated fine but fails to indicate a specific answer, the respondent shall be deemed to have admitted the infraction.

2505.7

If a respondent submits a written answer to OAH but does not pay the stated fine and fails to state an answer as required by § 2505.4, the respondent shall be deemed to have denied the infraction.

2505.8

If the respondent admits an infraction with an explanation, the respondent shall state in the written answer whether the respondent requests a hearing on the papers or an in-person hearing. The OAH may hold an in-person hearing in its sole discretion.

2505.9

If a respondent denies an infraction, OAH may schedule an in-person hearing in accordance with its rules.

2505.10

If a respondent does not answer the NOI within fifteen (15) calendar days:

(a) OAH shall issue a default order; and

(b) A civil penalty equal to double the amount of the fine imposed by the NOI shall be imposed by OAH in the default order.

2505.11

If a respondent fails to answer an NOI in a timely manner, the respondent shall not have a right to a hearing on the NOI, unless the respondent shows good cause for the failure to answer the NOI in a timely manner.

2505.12

If a respondent challenges an NOI as defective on its face, an administrative law judge ("ALJ") within OAH may review the NOI prior to a hearing and, if the ALJ determines that the NOI is defective on its face, dismiss the NOI. If the ALJ does not dismiss the NOI, the respondent shall be deemed to have denied the infraction and the OAH shall schedule a hearing. The respondent's evidence presented in support of the denial may include evidence on whether the NOI is defective.

2505.13

In a proceeding challenging the imposition of a fine for failure to comply with these reporting requirements, the employer or the health professional has the burden of proving that the report was sent in accordance with the requirements of this chapter if the board, commission or authority states that it did not receive the report.

2505.14

A civil penalty, including a fine, may be downwardly modified by OAH if:

(a) The downward modification is not inconsistent with the provision of this title or other applicable law that is the basis for the penalty;

(b) The Director is provided with an opportunity to present to OAH its opinion on a proposed downward modification or fine reduction; and

(c) The downward modification is based on a consideration of all relevant mitigating and aggravating factors.

2505.15

The schedule of fines for failure to submit a required report is:

(a)	For the first violation:	$ 2,500;
(b)	For the second violation:	$5,000;
(c)	For the third and subsequent violations:	$10,000.

D.C. Mun. Regs. tit. 22, r. 22-B2505

Final Rulemaking published at 68 DCR 11097 (10/22/2021)