D.C. Mun. Regs. tit. 21, r. 21-1514

Current through Register 71, No. 45, November 7, 2024

Rule 21-1514 - ENFORCEMENT PROCEDURES

1514.1

Any notice, order, pleading, or other document produced by a party, including WASA, in response to an enforcement action brought pursuant to section 8 of the Wastewater System Regulation Act of 1985 (D.C. Law 6-95; D.C. Official Code § 8-105.07 (2008 Repl. & 2011 Supp.)), shall be served on all of the other party(s) to the action, by hand delivery or by first class mail to the address of record of each party.

1514.2

The address of record for:

(a) Any party who has applied for, or been issued, a wastewater discharge permit pursuant to the Wastewater System Regulation Act, shall be the address specified on the permit application, unless that party provides written notice to WASA and to the other party(s) to the action that a different address should be used;

(b) WASA shall be, Office of the General Manager - Administrative Enforcement Proceedings, D.C. Water and Sewer Authority, 5000 Overlook Ave, SW, Washington, D.C. 20032; and

(c) Any other party shall be the last known address of that party, unless that party provides written notice to WASA and any other party to the action that a different address should be used.

1514.3

Service upon a party, or an attorney representing a party, shall occur at the time of hand delivery; or, if service is done by mail, by the date of the postmark on the envelope in which the document was sent, plus three (3) business days.

1514.4

An answer to a Notice of Infraction and Proposed Order, shall be served on WASA, and any other party to the action, within thirty (30) days after the date of service of the Notice of Infraction and Proposed Order.

1514.5

A response to any motion filed in an action shall be served on all the parties within thirty (30) days after the date of service of the motion or other pleading.

1514.6

The hearing examiner may extend the thirty (30) day deadline imposed by this section upon a showing of good cause by the party seeking the extension.

1514.7

Unless otherwise directed by the hearing examiner, all requests to the hearing examiner for an order or other relief, except for the Proposed Order accompanying WASA's Notice of Infraction, shall be made by motion, in writing, except that motions made during a hearing may be made orally.

1514.8

The hearing examiner may decide a motion with or without a hearing.

1514.9

If a moving party fails to appear at a hearing on its motion, the hearing examiner may treat the motion as withdrawn, and the motion may be refiled only with the permission of the hearing examiner, upon a showing of good cause by the moving party.

1514.10

If the opposing party fails to appear at the hearing, the hearing examiner may treat the motion as conceded and grant the motion, except that the opposing party may request that the hearing examiner vacate the order granting the motion, upon a showing of good cause by the opposing party.

1514.11

All parties are encouraged to engage in voluntary discovery. Discovery may be obtained by any of the following methods:

(a) Depositions upon oral examination or written questions;

(b) Written interrogatories;

(c) Requests for production of documents or other intangible things;

(d) Requests to conduct site visits; and

(e) Requests for admissions.

1514.12

Responses to requests for discovery shall be provided within thirty (30) days unless the parties agree to a different deadline or the hearing examiner, upon motion by one of the parties and for good cause shown, establishes a different deadline.

1514.13

If a party fails to permit or provide discovery, an aggrieved party may file a motion to compel discovery with the hearing examiner.

1514.14

When determining whether to admit any material or testimony into evidence, the hearing examiner shall be guided by the rules of evidence applicable in civil proceedings in the D.C. Superior Court. If the hearing examiner concludes that the admission of evidence that would not be permitted by the court would be helpful to the determination of the matter before him or her, the hearing examiner may admit that testimony or material into evidence.

D.C. Mun. Regs. tit. 21, r. 21-1514

Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1074 (February 10, 2012)

The Notice of Final Rulemaking published at 59 DCR 1021 (February 10, 2012) amended chapter 15 in its entirety , including renaming many of the sections.

Authority: The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8 -105, et seq. (2008 Repl. & 2011 Supp.)).