D.C. Mun. Regs. tit. 19, r. 19-1529

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 19-1529 - URBAN APICULTURE: ENFORCEMENT AND PENALTIES

1529.1

A person who violates any provision in §§ 1520 to 1529 shall be subject to civil fines and penalties under the schedule of fines for a class 4 infraction, pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (D.C. Official Code §§ 2-1801 et seq.), and the enforcement procedures in this section.

1529.2

Each day that a violation occurs is a separate offense.

1529.3

Each colony shall constitute a single offense or count.

1529.4

The Department may also pursue administrative enforcement through:

(a) Notices of violation;

(b) Compliance orders;

(c) Notices of violation combined with an immediate compliance order;

(d) Denial, modification, suspension, or revocation of registration;

(e) Notices of infraction; or

(f) Any other order necessary to protect public health, safety, or welfare or the environment.

1529.5

An administrative enforcement action shall:

(a) Include a statement of the facts and the nature of the alleged violation;

(b) Allow a reasonable time for compliance with the order, consistent with the likelihood of any harm and the need to protect the public health, safety, or welfare or the environment;

(c) Advise the respondent that the respondent has the right to request an administrative hearing and at the respondent's expense, the right to legal representation at the hearing;

(d) Inform the respondent of any scheduled hearing date, or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the compliance order or failure to request a hearing;

(e) State the action that the respondent is required to take, or the activity or activities that the respondent is required to cease to comply with the order; and

(f) State that civil infraction fines, penalties, or costs may be assessed for failure to comply with the order.

D.C. Mun. Regs. tit. 19, r. 19-1529

Final Rulemaking published at 62 DCR 11540 (8/21/2015)