§ 8–805. Hearing.

(a) A hearing for judging a violation actionable under this chapter shall be held before a hearing examiner referred to in § 8-808, and the hearing shall be conducted according to subchapter I of Chapter 5 of Title 2.

(b)(1) After due consideration of the evidence and arguments made at the hearing, the hearing examiner shall determine whether the violation has been established by a preponderance of evidence.

(2) Where a determination is made that a violation is not established, an order dismissing the charge shall be entered.

(3) Where a determination is made that the violation has been established, an appropriate order shall be entered in the records of the hearing.

(c) In the case of a person who is found liable for a violation, the hearing examiner may order the respondent to do any or all of the following:

(1) To abate the nuisance;

(2) To pay the civil fine established or stated in § 8-807(b) and (c); or

(3) If the person consents, to perform a specified number of hours of volunteer community service as provided for in § 8-807(e) and in rules required by § 8-810.

(d) An order rendered pursuant to a determination that a violation has been established, or pursuant to the receipt of a response admitting the violation, shall be a civil order.

(e) A person who has responded to a notice of violation and fails, without good cause, to appear at the scheduled hearing shall be liable for a penalty equal to twice the amount of the civil fine plus any costs of abating or preventing the violation consistent with provisions of § 8-807.

(f) If a person to whom a notice of violation has been issued fails to appear at a hearing, then the hearing examiner may proceed with the hearing and render a final disposition of the case.

(g) Repealed.

(Mar. 25, 1986, D.C. Law 6-100, § 6, 33 DCR 781; May 20, 1994, D.C. Law 10-117, § 8(a)(1), 41 DCR 524; Mar. 6, 2002, D.C. Law 14-78, § 2(a), 48 DCR 11262).)

Prior Codifications

1981 Ed., § 6-2905.

Section References

This section is referenced in § 8-802, § 8-804, § 8-806, § 8-808, and § 8-810.

Effect of Amendments

D.C. Law 14-78 repealed subsec. (g) which had read:

“(g) Subject to the enactment of appropriations, civil fines, solid waste disposal fees, and other related fees collected from solid waste disposers and the proceeds from the sale of forfeited conveyances shall be used to offset the cost of implementing this chapter, and abating solid waste nuisances. Subject to the enactment of appropriations, excess monies shall be used to fund recycling activities in accordance with § 8-1015.”

Emergency Legislation

For temporary amendments of section, see § 7(a)(1) of the Illegal Dumping Enforcement Emergency Act of 1993 (D.C. Act 10-89, August 4, 1993, 40 DCR 6074) and § 7(a)(1) of the Illegal Dumping Enforcement Congressional Recess Emergency Act of 1993 (D.C. Act 10-138, November 1, 1993, 40 DCR 7741).

Temporary Legislation

For temporary (225 day) amendment of section, see § 7(a)(1) of Illegal Dumping Enforcement Temporary Act of 1993 (D.C. Law 10-62, November 20, 1993, law notification 40 DCR 8455).