D.C. Mun. Regs. tit. 21, r. 21-2207

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

Rule 21-2207 - IMMEDIATE COMPLIANCE ORDERS, IMMEDIATE CEASE AND DESIST ORDERS

2207.1

The Director may issue, or may file a motion before an ALJ in OAD to issue, an immediate compliance order or an immediate cease and desist order, in order to require a person to correct a discharge or threat of discharge which is an imminent and substantial danger to the public health or welfare or to restrain any person from engaging in any unauthorized discharge or threat of discharge that immediately and substantially endangers the public health or welfare.

2207.2

When an immediate compliance order, or immediate cease and desist order, is authorized under this section, it shall not be necessary to first issue a notice of violation or proposed compliance order pursuant to § 2202 or 2203 or to provide reasonable notice and an opportunity for a prior hearing pursuant to § 2203.

2207.3

An immediate compliance order or immediate cease and desist order issued pursuant to this section shall be served in the same manner as a proposed compliance order or proposed cease and desist order is served pursuant to § 2203.4.

2207.4

An immediate compliance order or immediate cease and desist order shall do the following:

(a) Include a statement of the nature of the situation or violation;

(b) Take effect at the time and on the date signed;

(c) Identify the action or actions to be taken or ceased; and

(d) Include a statement advising the person that he or she has a right to request a hearing before an ALJ within the OAD within seventy-two (72) hours of service of the order upon him or her, and that if a hearing is not requested within that time period, the order will become final.

2207.5

A hearing request shall not stay the effective date of the order.

2207.6

If a hearing is requested, the hearing shall be held within fifteen (15) days from the date that the hearing request is received by OAD and the ALJ shall issue a decision, including findings of fact and conclusions of law, no later than fifteen (15) days after the hearing.

2207.7

Immediate compliance orders and cease and desist orders issued pursuant to this section are distinguishable from "provisional emergency orders" issued by OAD and shall not be subject to the requirements for and limitations of such orders.

D.C. Mun. Regs. tit. 21, r. 21-2207

Final Rulemaking publishing at 43 DCR 6347, 6352 (November 29, 1996)