D.C. Mun. Regs. r. 20-107

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 20-107 - CONTROL DEVICES OR PRACTICES
107.1

Any person adversely affected by an action of the Department taken or proposed to be taken pursuant to the Act or air quality regulations may request a hearing within fifteen (15) calendar days of service, or twenty (20) calendar days if service is made by United States mail. If specific instructions are no t on the notice or order, the person shall file a written request for a hearing, including the grounds for the objection, in accordance with the Office of Administrative Hearings: Rules of Practice and Procedure in Chapter 28 of Title 1 DCMR.

107.2

An appeal request does not stay the effective date of an administrative order or cease and desist order issued pursuant to § 106 of this title. If a hearing is not requested within the fifteen (15) day time period, or twenty (20) calendar days if service is made by United States mail, the order becomes final and remains in effect until the Department determines that the corrective actions have alleviated the violations and the dangerous conditions, if applicable.

107.3

The Department may take any adverse action proposed or contemplated without a hearing if the aggrieved person fails to timely request a hearing, or the party fails to appear at a scheduled hearing for which no continuance has been granted.

D.C. Mun. Regs. r. 20-107

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §107, 32 DCR 562, 571 (February 1, 1985); Amended by Final Rulemaking published at 67 DCR 6758 (6/5/2020)