D.C. Mun. Regs. r. 21-1012

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 21-1012 - PENALTIES FOR VIOLATION

1012.1

Violation of any of the requirements of this chapter, except for Sections 1007, 1008.1, 1008.5, and 1009, shall subject a retail establishment to the penalties set forth in this Chapter.

1012.2

If the Director of the Department of Energy and Environment (Director) determines that a violation of this chapter covered by Subsection 1012.1 has occurred, the Director may issue one or both of the following:

(a) A warning notice to the retail establishment; and

(b) A notice of infraction that shall also impose a fine against the retail establishment.

1012.3

No more than one (1) penalty shall be imposed upon a retail establishment within a seven (7) calendar day period.

1012.4

A recipient may request a hearing pursuant to instructions contained in the notice of infraction.

1012.5

Hearings or adjudications of violations under this Chapter shall be conducted pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01et seq.).

D.C. Mun. Regs. r. 21-1012

Final Rulemaking published at 57 DCR 7208, 7214 (August 13, 2010); amended by Final Rulemaking published at 66 DCR 6193 (5/17/2019)

Authority: Section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq.), section 5(a) of the Anacostia River Clean Up and Protection Act of 2009 (the "Act"), effective September 23, 2009 (D.C. Law 18-55; D.C. Official Code § 2-1226.51 et seq.), Mayor's Order 2006-61, dated June 14, 2006, and Mayor's Order 2010-27, dated February 1, 2010.