D.C. Mun. Regs. tit. 31, r. 31-702
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 31-702 - COMPLIANCE ORDERS702.1An authorized employee or official of the Office, or a District enforcement official, may issue a written or oral compliance order to any person licensed or regulated by this title or other applicable law. Oral compliance orders may be issued during traffic stops, as provided in § 702.7.
702.2A compliance order may require the respondent to take any lawful action related to enforcement, compliance, or verification of compliance, with this title or other applicable law, to the extent authorized or required by this title and the Establishment Act or other applicable law, through an order to:
(a) Appear at the Office for a meeting or other purpose provided that the order clearly states that the appearance is mandatory;(b) Make a payment to the District for an amount such person owes under a provision of this title or other applicable law;(c) Allow an administrative inspection of a place of business;(d) Surrender, or produce for inspection and copying, a document or item related to compliance with this title or other applicable law, such as an original licensing or insurance document, at: (1) The location where document or item is maintained in the ordinary course of business;(3) Another appropriate location as determined by the Office or a District enforcement official in their sole discretion;(e) Submit a vehicle or equipment in the vehicle for testing or inspection in connection with a traffic stop;(f) Provide information to locate or identify a person, where there is reasonable suspicion of a violation of this title or other applicable law; or(g) Take any lawful action to assist with or accomplish the enforcement of a provision of this title or other applicable law.702.3Each compliance order shall include the following information:
(a) The action the respondent must take to comply;(b) Except for oral compliance orders, the deadline for compliance; and(c) If the compliance order is in writing: (1) A statement of the circumstances giving rise to the order;(2) A citation to the relevant chapter of this title or other applicable law; and(3) If the order requires a person to provide information to assist the Office or a District enforcement official in an enforcement action against a person with whom the respondent is believed to be or has been associated: the name of and contact information for such person to the extent available.702.4Where a compliance order is issued to a private sedan business to allow the Office to inspect and copy records under § 702.2(d), the following limitations shall apply:
(a) The Office's inspection shall be limited to safety and consumer protection-related records to ensure compliance with the applicable provisions of Chapter 19, where the Office has a reasonable basis to suspect noncompliance; and(b) Any records disclosed to the Office shall not be released by the Office to a third party, including through a FOIA request.702.5The civil penalties for failure to comply with a compliance order are set forth in Chapter 20.
702.6A written compliance order shall be served in the manner prescribed by § 712.
702.7The civil penalties for failure to comply with a compliance order are as provided by Chapter 20 of this title.
702.8Each traffic stop shall comply with all applicable provisions of this title, any other applicable laws, and the following requirements:
(a) No vehicle shall be stopped while transporting a passenger without reasonable suspicion of a violation of this title or other applicable laws.(b) An oral compliance order may be issued in connection with a traffic stop for the purpose of: (1) Determining compliance with this title and other applicable laws;(2) Securing the presence and availability of the operator, the vehicle, and any other evidence at the scene;(3) Preventing hindrance, disruption, or delay of the traffic stop;(4) Ensuring the orderly and timely completion of the traffic stop;(5) Requiring full and complete cooperation by the operator;(6) Requiring the operator to provide access to a device for the purpose of demonstrating compliance with this title and other applicable law;(7) Making inquiries regarding the operator and/or vehicle to government agencies for law enforcement and related regulatory purposes; and (8) Protecting the safety of the vehicle inspection officer, the operator, or any other individual.(c) Notwithstanding the requirements of paragraph (b) of this section, a vehicle inspection officer shall not take possession of a device which may contain evidence relevant to the enforcement of this title or other applicable law, unless: (1) The device is or appears to be a component of a taxicab's modern taximeter system (MTS);(2) The operator denies ownership, possession, or custody of the device;(3) The operator abandons the device or attempts to transfer its possession with intent to prevent access to the device for purposes of enforcement; or(4) The operator is determined to be an unlawful operator in violation of D.C. Official Code§ 47 -2829. (e) The term "possession" as used in paragraph (c) of this section shall not include handling, operation, or examination of a device for purposes of enforcement of this title or other applicable law. (f) A private sedan operator's lack of registration with a private sedan business registered under Chapter 19 may be considered evidence of a violation of D.C. Official Code§ 47 -2829. D.C. Mun. Regs. tit. 31, r. 31-702
Final Rulemaking published at 37 DCR 3595 (June 1, 1990); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); amended by Final Rulemaking published at 63 DCR 338 (1/8/2016); amended by Final Rulemaking published at 63 DCR 7668 (5/20/2016)Authority: Sections 8(c)(7) (14), (15), (16), (17), (18), (19) and 20 m of the District of Columbia Taxicab Commission Establishment Act of 1985 ("Establishment" Act), effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50 -307(c)(7) (14), (15), (16), (17), (18), (19) (2012 Repl. & 2013 Supp.), 50-329.03 (2012 Repl. & 2013 Supp.).