D.C. Mun. Regs. tit. 29, r. 29-6215

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 29-6215 - PENALTIES
6215.1

The applicable licensing agency may impose civil fines, penalties, and related costs against a public or private facility for the violation of any provision of this Chapter.

6215.2

A violation shall be considered an infraction under the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 25, 1985, D.C. Law 6-42, D.C. Code § 6-2701 et seq.

6215.3

Except as provided in §§ 6215.5 and 6215.6, the procedures for adjudication and enforcement and the applicable fines, penalties, and costs shall be those established by or pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 25, 1985, D.C. Law 6-42, D.C. Code § 6-2701 et seq.

6215.4

Governmental immunity shall not be a defense to any civil fine, penalty, or cost imposed.

6215.5

Civil fines, penalties, and related costs imposed against a facility shall not come out of funds needed to provide quality care and services to residents. The licensing agency shall conduct an audit at least annually of every facility against which civil fines, penalties, or costs have been imposed. Civil fines, penalties, and costs imposed against any facility owned or operated by the District of Columbia government shall be paid into a special account to be used for the personal needs of residents.

6215.6

Notwithstanding the availability of any other means of enforcement, the licensing agency may directly deduct the amount of civil fines, penalties, and related costs imposed against a facility from amounts otherwise payable by the District of Columbia government to the facility.

6215.7

The applicable licensing agency shall maintain in a manner accessible to the public a record of all decisions to impose penalties or fines.

D.C. Mun. Regs. tit. 29, r. 29-6215

Final Rulemaking published at 48 DCR 8675, 8693 (September 21, 2001)