D.C. Mun. Regs. tit. 20, r. 20-3516

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 20-3516 - PERFORMANCE BENCHMARKING PENALTIES AND ENFORCEMENT

3516.1

Any of the following shall be a violation of D.C. Official Code § 6-1451.03(c)(2)(D):

(a) §3514.1(h) (failure to submit a District Benchmark Results and Compliance Report to DOEE by April 1 for the preceding calendar year)

(b) § 3514.1(d) (failure to submit accurate and complete benchmarking information in a District Benchmark Results and Compliance Report);

(c) § 3514.1(g) (failure to provide third-party verification information as required by § 3515)

(d) § 3514.3(b) (failure of a former building owner to submit complete and accurate benchmarking information to the building owner);

(e) § 3514.3(e) (failure to update or correct information for a submitted District Benchmark Results and Compliance Report within thirty (30) days of receiving the new information); or

(f) § 3514.5 (failure of a non-residential tenant to submit complete and accurate benchmarking information to the building owner within thirty (30) days of a written request from the building owner).

3516.2

A building owner or non-residential tenant who fails to submit benchmarking information as specified in § 3516.1 shall be assessed a penalty by DOEE of not more than one hundred dollars ($100) for each calendar day the required submission has not been made.

3516.3

DOEE may enforce the requirements of this section by issuing one or more of the following:

(a) Notice of violation; or

(b) Notice of infraction.

3516.4

DOEE may issue a notice of infraction without first issuing a notice of violation.

3516.5

A building owner, former building owner, or a non-residential tenant who receives a notice of infraction may request a hearing or adjudication pursuant to the Office of Administrative Hearings Establishment Act of 2001 (D.C. Official Code § 2-1831.01et seq.) and the Office of Administrative Hearings rules (1 DCMR §2800 et seq).

3516.6

A building owner, former building owner, or a non-residential tenant may appeal to the District of Columbia Court of Appeals only after exhausting all administrative remedies.

D.C. Mun. Regs. tit. 20, r. 20-3516

Final Rulemaking published at 68 DCR 11077 (10/22/2021)