D.C. Mun. Regs. tit. 5, r. 5-A116

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-A116 - CIVIL FINES, CRIMINAL PROSECUTION AND INJUNCTIONS
116.1

Civil fines and penalties may be imposed for any violation of the Facilities Act or of this chapter, pursuant to the District of Columbia Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01et seq.). Adjudication of all charged infractions shall be conducted pursuant to Titles I through III of the Civil Infractions Act, except that where a requirement under this chapter conflicts with a requirement under the Civil Infractions, the provision in this chapter shall apply.

116.2

Any violation of the Act may result in criminal prosecution, whereupon the violator shall, upon conviction, be subject to imprisonment not to exceed six (6) months, or a fine not to exceed three hundred dollars ($300.00), or both. Each unlawful act shall constitute a separate violation of this chapter.

116.3

Any person who has been previously convicted of an offense in violation of the Act shall, upon a subsequent conviction for the same offense, be subject to imprisonment not to exceed one (1) year, a fine not to exceed five thousand dollars ($5,000.00), or both.

116.4

Prosecutions shall be brought by the Attorney General for the District of Columbia or the United States Attorney for the District of Columbia in the Superior Court of the District of Columbia.

116.5

In any prosecution conducted for violation of the Act, a Child Development Facility claiming an exemption from a licensing requirement shall have the burden of proving entitlement to the exemption.

116.6

The Attorney General may bring a civil action in the Superior Court of the District of Columbia to enjoin any violation of the Facilities Act or of this chapter.

D.C. Mun. Regs. tit. 5, r. 5-A116

Final Rulemaking published at 63 DCR 14640 (12/2/2016)