D.C. Mun. Regs. tit. 21, r. 21-2206

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

Rule 21-2206 - HEARINGS AND ISSUANCE OF FINAL ORDER

2206.1

Once a hearing is requested, motions practice, prehearing discovery, and the conduct of the hearing shall be in accordance with the D.C. Administrative Procedures Act and OAD procedures.

2206.2

The petitioner shall have the burden of going forward with and of proving that the violation occurred as set forth in the proposed compliance or cease and desist order, and that the proposed civil penalty, revocation or suspension, as the case may be, is appropriate.

2206.3

Following the establishment of a prima facie case, the person shall have the burden of presenting and of going forward with any defense to the allegations set forth in the petition. Each matter of controversy shall be determined by the ALJ upon a preponderance of the evidence.

2206.4

If a person scheduled for a hearing does not appear for the hearing, and no continuance has been granted, the ALJ may receive evidence and hear testimony and may render a decision on the basis of evidence before it.

2206.5

The ALJ shall inform the parties of an action taken under this section.

2206.6

A decision of the ALJ shall be supported by substantial, reliable, and probative evidence pursuant to D.C. Code § 1-1509(c) (1992 Repl. Vol.).

2206.7

The ALJ's decision and order shall include findings of fact and conclusions of law.

2206.8

A final compliance order shall also set forth the following:

(a) The action or actions which must be taken by the person to correct a violation or threatened violation of the Act or regulations issued under the Act, and may include the following:

(1) Performance of testing, studies, investigations, monitoring;

(2) Performance of comprehensive site assessment;

(3) Upgrading of any facilities or systems needed to prevent a reoccurrence of the violation;

(4) Preparation of corrective action plans;

(5) Implementation of remediation plans;

(6) Maintenance and submission of records.

(b) The amount of any civil penalties or damages to be imposed, as authorized by the Act;

(c) Authorization for the Director to enter on property to undertake assessment and corrective action, if the person fails or refuses to comply with an order requiring the person to perform a site assessment or corrective action within the time period set forth in the order; and

(d) Any applicable appeal rights.

2206.9

A final order suspending, revoking or denying a license, permit or certification shall state clearly the action taken, the reasons for the action, and any applicable appeal rights.

D.C. Mun. Regs. tit. 21, r. 21-2206

Final Rulemaking publishing at 43 DCR 6347, 6351 (November 29, 1996)