D.C. Mun. Regs. tit. 24, r. 24-4109

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

Rule 24-4109 - NOTICE OF INFRACTION

4109.1

If the respondent has been served with a Compliance Order, but failed to abate the violation or request a hearing within the fifteen (15) days allowed by the Compliance Order or the Director takes action pursuant to § 4107, the respondent shall be liable for civil penalties and expenses incurred by the Department due to the violation. Additionally, the Director may impound or remove the publisher box from public space.

4109.2

The Director shall serve a Notice of Infraction to the respondent by mail and email. In addition, the Director may post information regarding the Notice of Infraction on the Department's website.

4109.3

In the event that no contact or ownership information is displayed on the publisher box, the Director shall affix the Notice of Infraction to a conspicuous location on the publisher box and shall post information regarding the Notice of Infraction on the Department's website as a means of providing the fifteen (15) day notice.

4109.4

The Notice of Infraction shall state the following:

(a) Any action the Department has taken, including the impoundment or removal of the publisher box from public space;

(b) The basis for the action;

(c) The nature of the alleged infraction, including a citation to the regulation that the respondent violated;

(d) A statement that the respondent has a right to challenge the action at a hearing before the Office of Administrative Hearings;

(e) A statement that to obtain a hearing, the respondent must request a hearing in writing within fifteen (15) days after the service of the notice;

(f) That the respondent has a right to request an expedited hearing by making this request in writing within five (5) days after service of the notice;

(g) The process by which the respondent may request a hearing;

(h) The method by which the respondent may recover the publisher box impounded or removed from public space;

(i) The deadline by which the respondent must recover the publisher box; and

(j) The amount owed the Department for the civil infraction pursuant to Chapter 32 of Title 16 DCMR, and expenses incurred by the Department.

4109.5

The Notice of Infraction shall be answered, abated and adjudicated in accordance with administrative procedures found in Chapter 31 of Title 16 DCMR.

4109.6

The Director shall store the publisher box which has been impounded or removed from the public space pursuant to § 4109.1 for fifteen (15) days after the service of the Notice of Infraction.

4109.7

If the respondent does not recover the property by the date set forth in the notice, the Director may, consistent with reasonable business practices, sell or otherwise dispose of the property.

4109.8

A respondent who fails to reclaim the property within the time prescribed shall nevertheless be entitled to recover the fair market value of any property disposed of pursuant to this subsection if:

(a) The respondent timely requests a hearing;

(b) The administrative law judge dismisses the notice or order or finds no violation; and

(c) The respondent establishes the property's fair market value by a preponderance of the evidence; provided that if the District has sold the property, the price paid by a good faith purchaser, other than the respondent, shall establish a rebuttable presumption of the fair market value of the property.

4109.9

If the respondent who fails to request a hearing or to otherwise abate the Notice of Infraction or is ordered to make payment by the administrative law judge pursuant to 16 DCMR § 3113, the respondent shall be responsible for the payment of all fines, costs and expenses imposed in accordance with Chapter 31 of Title 16 DCMR.

D.C. Mun. Regs. tit. 24, r. 24-4109

Final Rulemaking published at 63 DCR 014190 (11/18/2016)