D.C. Mun. Regs. tit. 21, r. 21-2203

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 21-2203 - PROPOSED COMPLIANCE ORDER OR PROPOSED CEASE AND DESIST ORDER

2203.1

If the person upon whom a notice of violation or threatened violation has been served, fails to comply with the corrective measures required in the notice of violation, the Director may issue a proposed compliance order or a proposed cease and desist order to that person.

2203.2

A proposed compliance order or proposed cease and desist order shall do the following:

(a) Include a statement of the facts and nature of alleged violations, and the legal grounds for relief;

(b) Allow a reasonable time for compliance with the order consistent with the likelihood for harm and the need to protect health, safety, life, property, and the environment;

(c) Advise the person that he or she has a right to a hearing and to legal representation;

(d) Inform the person of any scheduled hearing date or the actions which the person must take to obtain a hearing and the consequences of failure to comply with the proposed order or request a hearing;

(e) Set forth the action or actions which the person must take or the activity or activities which the person must cease in order to comply with the order; and

(f) State the amount of any penalties to be assessed for failure to comply with the order.

2203.3

A proposed compliance order or proposed cease and desist order shall serve as a petition issued pursuant to OAD procedures.

2203.4

A proposed compliance order or proposed cease and desist order shall be served by one of the following methods:

(a) Personal service on the person or the person's agent;

(b) Delivering to the last known home or business address of the person and leaving it with a person over the age of eighteen (18) years residing or employed therein; or

(c) Mailing, U.S. first class certified, postage prepaid to the last known home or business address of the person or the person's agent; or

(d) Any other means set forth in D.C. Law 5-188.

2203.5

A proposed compliance order or proposed cease and desist order may state in the order or accompanying summons or instructions, that the person is required to file an answer thereto, the time within which to respond, and the form of response required.

D.C. Mun. Regs. tit. 21, r. 21-2203

Final Rulemaking publishing at 43 DCR 6347, 6349 (November 29, 1996)