D.C. Mun. Regs. tit. 20, r. 20-4304

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 20-4304 - ENFORCEMENT AUTHORITY

4304.1

The Department may pursue enforcement actions by:

(a) Issuing a warning notice (Notice of Violation);

(b) Issuing an administrative civil fine, penalty, or fee under 4304.2 of this chapter;

(c) Issuing an administrative order under § 4305 of this chapter;

(d) Proposing modification, suspension, proposed revocation, or revocation of a permit or approval pursuant to § 4306 of this chapter; and

(e) Any other enforcement action authorized by law.

4304.2

The Department may request the Office of the Attorney General to file a civil action seeking a judicial civil penalty not to exceed $25,000 per violation of the provisions of chapters 42 or 43 of this title.

4304.3

As an alternative to a civil judicial action, the Department may impose an administrative civil fine, penalty, or fee pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code § 21801.01et seq. A person violating a provision of chapters 42 or 43 of this title is subject to a fine in accordance with the schedules in chapters 32 and 40 of Title 16 of the District of Columbia Municipal Regulations.

4304.4

The imposition of a civil fine or penalty does not preclude the Department from initiating a civil action seeking injunctive relief, damages, or costs, except that a person shall not, for the same violation of chapters 42 or 43 of this title, be assessed both a judicial civil fine and an administrative fine.

D.C. Mun. Regs. tit. 20, r. 20-4304

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); amended by Final Rulemaking published at 70 DCR 703 (1/20/2023)