D.C. Municipal Regulations (Last Updated: September 13, 2017) |
Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
Chapter 15-15. RULES IMPLEMENTING THE PUBLIC UTILITIES AMENDMENT ACT OF 1989 |
Section 15-1508. ENFORCEMENT AND REMEDIES FOR NONCOMPLIANCE
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1508.1Only those services and facilities that are found by the Commission to be required for the present and future public convenience and necessity shall be issued a Certificate.
1508.2Public utilities shall not furnish service or facilities until after a Certificate has been issued.
1508.3A public utility shall not obligate capital expenditures, offer new services or acquire equipment if a Certificate authorizing it to provide services in the relevant service category has not been issued or has been nullified, rescinded or suspended by the Commission.
1508.4A public utility that has been issued a Certificate to provide services in a specified service category shall only provide services which fall within that service category, and any attached limitations and conditions.
1508.5In any case in which the Commission believes that a violation of the terms of the Act or this chapter of this title has occurred, the Commission may seek an injunction. Any party may file a request that the Commission seek such an injunction.
1508.6Before nullifying, rescinding or suspending a Certificate, the Commission shall publish a notice of alleged violation in a newspaper of general circulation in the District, and shall notify all interested parties, including the holder of the Certificate.
1508.7The notice shall specify in general terms the nature of the alleged violation and shall provide the time and location of a hearing to consider the alleged violation.
1508.8The Certificate holder shall also be given a more detailed specification of the nature of the alleged violation. Copies of the specification shall be furnished to all parties to the certificate application proceeding of that Certificate holder.
1508.9A hearing regarding the nullification, rescission, or suspension of a Certificate shall be held no later than thirty (30) days from the date of the notice
1508.10The hearing shall be conducted in accordance with the procedures specified in Chapter 1 of this title for a reconsideration hearing.
1508.11A decision to nullify, rescind or suspend a Certificate shall be made following the close of the hearing, shall be made in writing, and shall be based on the complete record of the action. The decision shall include findings of fact and conclusions of law.
1508.12Any public utility that violates any provision of the Act or of this chapter shall be subject to penalties under the Act, D.C. Code §43-306 (1990 Repl. Vol.).