Subchapter I. Purposes; Definitions; Administrative Law Judges and Attorney Examiners; Sanctions; Regulations.

§ 2–1801.01. Purpose.

It is the purpose of the Council of the District of Columbia in the adoption of this chapter to provide for the imposition of alternative civil sanctions for infractions of laws and regulations amended by title IV [of D.C. Law 6-42], and to provide for a uniform and expeditious system of administrative adjudication with respect to the infractions.

(Oct. 5, 1985, D.C. Law 6-42, § 101, 32 DCR 4450.)

Prior Codifications

1981 Ed., § 6-2701.

Section References

This section is referenced in § 1-303.23, § 1-1001.14, § 7-1007, § 7-1671.08, § 7-1706, § 7-1721.03, § 7-1721.07, § 7-2341.24, § 8-102.04, § 8-104.06, § 8-108.04, § 8-153.01, § 8-439, § 8-1060, § 8-1772.03, § 8-1825.09, § 28-4103, § 37-131.08, § 37-201.18a, § 42-1207, § 47-857.09a, § 47-859.04a, § 47-2829, § 47-2862, § 50-921.76, and § 50-1641.07a.

References in Text

“Title IV,” referred to in this section, is title IV of D.C. Law 6-42.

Editor's Notes

Establishment of District of Columbia Board of Appeals and Review: See Mayor’s Order 86-50, March 31, 1986.

Establishment of District of Columbia Board of Appeals and Review: See Mayor’s Order 96-27, March 5, 1996 ( 43 DCR 1367).

Mayor's Orders

D.C. Board of Appeals and Review established: See Mayor’s Order 86-50, March 31, 1986.

Delegation of Authority

Delegation of authority pursuant to Law 6-42, see Mayor’s Order 86-38, March 4, 1986.

Delegation of authority pursuant to D.C. Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985”, see Mayor’s Order 99-68, April 28, 1999 ( 46 DCR 4234).

Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).

§ 2–1801.02. Definitions.

For the purposes of this chapter, the term:

(1) “District” means the District of Columbia.

(1A) “Final order” means an order of an administrative law judge or attorney examiner that disposes of a case and that has not been appealed within 15 calendar days after the order has been served on the respondent.

(1B) “Health occupation” means any occupation or profession identified in § 3-1201.02, for which a license is required or for which there is an exemption from licensing.

(2) “Infraction” means any act or failure to act for which a civil sanction may be imposed under the provisions of this chapter, and with respect to which either the Corporation Counsel or the United States Attorney for the District of Columbia is authorized to commence a criminal proceeding in the Superior Court of the District of Columbia, or for which another civil sanction may be imposed under any District laws or regulations.

(2A) “Licensee” means any person:

(A) Licensed under Chapter 28 of Title 47; or

(B) Who engages in an activity that requires licensure under Chapter 28 of Title 47 who has not obtained the appropriate license or whose license has lapsed, has been suspended, or has been revoked.

(3) “Mayor” means the Mayor of the District of Columbia.

(4) “Person” means corporations, firms, agencies, companies, associations, organizations, partnerships, societies, and joint stock companies, as well as individuals.

(5) “Respondent” means any person charged with an infraction as defined in paragraph (2) of this section.

§ 2–1801.03. Administrative law judges and attorney examiners.

(a) Except as provided in Chapter 18A of this title, the Mayor shall appoint 1 or more attorneys to serve as administrative law judges or attorney examiners to implement the provisions of this chapter.

(b) Administrative law judges or attorney examiners shall have the following powers:

(1) Presiding over hearings in contested matters under this chapter;

(2) Compelling the attendance of witnesses by subpoena, administering oaths, taking the testimony of witnesses under oath, and dismissing, rehearing, and continuing cases;

(3) Imposing sanctions for infractions under subchapter II of this chapter, including monetary fines, penalties, and hearing and inspection costs;

(4) Suspending permits or licenses for the purpose of enforcing the payment of monetary fines, penalties, or hearing and inspection costs;

(5) Permitting the payment of monetary fines, penalties, and hearing and inspection costs in excess of $50 in monthly installments over a period not greater than 6 months and allowing a fee of 1% per month of the outstanding amount owed by a respondent for the installment service;

(6) Suspending all or part of any fine or penalty imposed on grounds of past compliance or past good faith attempts to comply with applicable laws and regulations, or upon condition that the respondent correct the infraction by a date certain; and

(7) Sealing the premises where the conduct occurred which is the basis of the citation to enforce orders requiring the payment of monetary fines, penalties, or hearing and inspection costs.

(c) Each licensing or permitting authority or successor entity established by the laws and regulations amended by title IV may delegate to administrative law judges or attorney examiners, who are appointed pursuant to this section or pursuant to Chapter 18A of this title [§ 2-1831.01 et seq.], the authority to conduct hearings pursuant to the laws and regulations and to recommend appropriate action, including denial, suspension, or revocation of any permit or license, to the licensing or permitting authority.

(d) Prior to assuming any duties or responsibilities pursuant to this chapter, administrative law judges or attorney examiners shall have completed an orientation or training course established by the Mayor or the Chief Administrative Law Judge of the Office of Administrative Hearings for the purpose of familiarizing themselves with relevant rules, procedures, and substantive law.

(e) Administrative law judges and attorney examiners appointed pursuant to this section, or pursuant to Chapter 18A of this title [§ 2-1831.01 et seq.], may hear cases pursuant to Chapter 39 of Title 28.

(Oct. 5, 1985, D.C. Law 6-42, § 103, 32 DCR 4450; Mar. 8, 1991, D.C. Law 8-237, § 2(b), 38 DCR 314; Apr. 18, 1996, D.C. Law 11-110, § 14, 43 DCR 530; Apr. 13, 2005, D.C. Law 15-354, § 9(a), 52 DCR 2638.)

Prior Codifications

1981 Ed., § 6-2703.

Section References

This section is referenced in § 28-3902.

Effect of Amendments

D.C. Law 15-354, in subsec. (a), substituted “Except as provided in this chapter, the” for “The”; in subsec. (c), substituted “section or pursuant to this chapter,” for “section,”; in subsec. (d), substituted “Mayor or the Chief Administrative Law Judge of the Office of Administrative Hearings” for “Mayor”; and, in subsec. (e), substituted “section or pursuant to this chapter,” for “section”.

References in Text

“Title IV,” referred to in (c), is title IV of D.C. Law 6-42.

§ 2–1801.04. Monetary sanctions.

(a)(1) The Mayor shall prepare and periodically amend a schedule of fines. The schedule of fines shall be submitted to the Council of the District of Columbia (“Council”) for its approval or disapproval, in whole or in part, by resolution. The schedule of fines and subsequent amendments shall not become effective until approved by the Council, or 30 days after submission if the Council has not disapproved the schedule or amendments.

(2) In addition to the civil fine, a respondent who fails to answer a notice of infraction within the time specified by § 2-1802.02(e) may be assessed a penalty equal to twice the amount of the civil fine for the infraction set forth in the notice.

(b) In addition to any civil fines and penalties imposed following the adjudication of an infraction adverse to a respondent, an administrative law judge or attorney examiner may, in accordance with rules issued by the Mayor, impose upon the respondent, by order, the costs to the District of any additional inspections before, during, or after the hearing, and other costs associated with the hearing.

(Oct. 5, 1985, D.C. Law 6-42, § 104, 32 DCR 4450; May 10, 1989, D.C. Law 7-231, § 21, 36 DCR 492; Mar. 8, 1991, D.C. Law 8-237, § 2(c), 38 DCR 314; Sept. 24, 2010, D.C. Law 18-223, § 2072(a), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 6-2704.

Section References

This section is referenced in § 2-1802.02, § 2-1802.03, § 44-509, § 47-2844, and § 48-853.03.

Effect of Amendments

D.C. Law 18-223, in par. (a)(1), substituted “30 days” for “60 days”; and rewrote par. (a)(2), which had read as follows: “(2) In addition to the civil fine, the following penalties may be imposed: (A) A respondent who fails to answer a notice of infraction within the time specified by § 2-1802.02(e) may be assessed a penalty equal to the amount of the civil fine for the infraction set forth in the notice. (B) A respondent who fails to answer a s notice of infraction within the time specified by § 2-1802.02(f) may be assessed a penalty equal to twice the amount of the civil fine for the infraction set forth in the notice.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2072(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 2061 of D.C. Law 18-223 provided that subtitle G of title II of the act may be cited as the “Department of Consumer and Regulatory Affairs Civil Infractions Amendment Act of 2010”.

Resolutions

Resolution 15-618, the “Civil Infractions Schedule of Fines Amendment for Towing Services for Motor Vehicles Regulations Approval

Resolution of 2004“, was approved effective July 13, 2004.

Resolution 16-153, the “Civil Infractions Schedule of Fines Amendment Approval Resolution of 2005”, was approved effective May 1,

§ 2–1801.05. Regulations.

The Mayor may issue rules and regulations necessary to carry out the purposes of this chapter.

§ 2–1801.06. Summary action.

(a) If the Mayor determines, after investigation, that the conduct of a licensee presents an imminent danger to the health or safety of the residents of the District, the Mayor may order the sealing of the premises upon which the respondent is engaged in the unlawful conduct, provided that the premises are used for the unlawful activity. Engaging in or attempting to engage in a health occupation without a license shall be a per se imminent danger to the health or safety of the residents of the District unless the person engaging in or attempting to engage in the health occupation is exempt from licensure pursuant to § 3-1201.03. Purchasing, selling, exchanging, or otherwise transacting any synthetic drug, as defined in § 47-2844, shall be a per se imminent danger to the health or safety of the residents of the District.

(b) At the time of the sealing of the premises, the Mayor shall provide the licensee with written notice stating the action being taken, the basis for the action, and the right of the licensee to request a hearing.

(c)(1) Except as provided in paragraph (2) of this subsection, a licensee shall have the right to request a hearing within 72 hours after service of notice of the sealing of the premises. The Mayor shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing.

(2) A licensee engaged in the purchase, sale, exchange, or any other form of commercial transaction involving a synthetic drug in violation of § 47-2844 shall have the right to request a hearing within 3 business days after service of notice of the sealing of the premises. The Office of Administrative Hearings shall hold a hearing within 3 business days of receipt of a timely request, and shall issue a decision within 3 business days after the hearing.

(d) Every decision and order adverse to a licensee shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case or to each party’s attorney of record.

(e) Any person aggrieved by a final summary action may seek judicial review in accordance with subchapter I of Chapter 5 of this title.

(Oct. 5, 1985, D.C. Law 6-42, § 106; as added Mar. 8, 1991, D.C. Law 8-237, § 2(d), 38 DCR 314; Apr. 4, 2006, D.C. Law 16-81, § 2(b), 53 DCR 1050; Feb. 18, 2017, D.C. Law 21-215, § 3, 63 DCR 15708.)

Prior Codifications

1981 Ed., § 6-2706.

Effect of Amendments

D.C. Law 16-81, in subsec. (a), added the second sentence.

Cross References

Civil infractions, appeals, costs, see § 2-1803.02.

Consumer credit service organizations, penalties, see § 28-4607.

Interstate family support, modification of child support order of another state, jurisdiction, see § 46-306.13.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of Sale of Synthetic Drugs Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-473, July 21, 2016, 63 DCR 10172).

For temporary (90 days) amendment of this section, see § 3 of Sale of Synthetic Drugs Emergency Amendment Act of 2016 (D.C. Act 21-400, May 19, 2016, 63 DCR 7916).

For temporary (90 days) amendment of this section, see § 3 of the Sale of Synthetic Drugs Emergency Amendment Act of 2015 (D.C. Act 21-100, July 10, 2015, 62 DCR 9689).

For temporary (90 days) amendment of this section, see § 3 of the Sale of Synthetic Drugs Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-157, Oct. 16, 2015, 62 DCR 13710).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3(a) of Sale of Synthetic Drugs Temporary Amendment Act of 2016 (D.C. Law 21-149, Aug. 20, 2016, 63 DCR 9314).

For temporary (225 days) amendment of this section, see § 3 of the Sale of Synthetic Drugs Temporary Amendment Act of 2015 (D.C. Law 21-34, Oct. 21, 2015, 62 DCR 10898).