Section 15-160. CIVIL FORFEITURE PROCEDURES

160.1 Upon information of any person, or on its own motion, the Commission may investigate and find subject to forfeiture penalties any person or public utility found to have:

(a)  Violated or failed to comply with any rule, order, or regulation issued, adopted, or approved by the Commission; or

(b)  Violated or failed to comply with the terms and conditions of any license, permit, certificate, or other instrument of authorization issued by the Commission; or

(c)  Violated or failed to comply with any provisions in title 34 of the District of Columbia Official Code.

160.2A forfeiture penalty under this section may be in addition to any other penalty provided for under the laws of the District of Columbia. 

160.3 If, after an initial investigation, the Commission believes that a person or public utility is subject to forfeiture under title 34 of the D.C. Official Code, then the Commission shall issue a show cause order directing the person or public utility to comply with any rule, order, regulation, license, permit, certificate, instrument, or any provision(s) within title 34 of the District of Columbia Official Code.  If the order remains unabated or not complied with for thirty (30) days, the Commission shall notify the person or public utility that the Commission is instituting forfeiture proceedings against such person or public utility. The Commission shall provide a written Notice of Probable Violation (Notice) reciting the allegations in support of forfeiture.  The Notice shall:

 

(a)  Identify each violation with which the respondent is charged;

 

(b)  State the dates on which the violations occurred; and

 

(c)  Specify the amount of the proposed forfeiture.

 

160.4  Within twenty (20) days of receipt of the Notice, the respondent shall either:

(a) Submit a schedule or a plan for the abatement or correction of the violation, failure, or refusal;

 

(b) Pay the forfeiture;

 

(c) File a verified answer explaining why a forfeiture penalty should not be imposed; or

(d) File a verified answer explaining why the proposed forfeiture should be reduced.

 

160.5  Any verified answer shall include a detailed factual statement supported by such documentation and affidavits as may be relevant.  If a verified answer is not filed within twenty (20) days, the respondent shall be deemed in default, and the Commission may order forfeiture without further proceedings.  The twenty (20)-day notice period will not be extended absent extraordinary circumstances.

 

160.6  If after the respondent files a verified answer to the Notice, the Commission determines that material facts are in dispute, the Commission shall schedule a formal hearing before a hearing officer as prescribed by § 120 of this chapter.  Parties shall have the right to present evidence and call witnesses under oath.  Proceedings shall be recorded or transcribed.

 

160.7  There shall be a rebuttable presumption of forfeiture. A respondent may rebut the presumption by showing with clear and convincing evidence that either:

 

(a) No law, order, or regulation imposed upon the respondent the duty to perform as set forth in the notice; or

 

(b) Forfeiture is unwarranted because the respondent fulfilled his or her obligation to perform.

 

160.8  The Commission shall issue a Forfeiture Order canceling or reducing the proposed forfeiture or requiring that it be paid in full if the forfeiture penalty has not been paid in full within thirty (30) days after receiving the respondent’s Notice or after the record of the formal hearing closes.  Payment of the forfeiture shall be due no more than forty-five (45) days after the forfeiture order becomes final and is no longer subject to reconsideration and appeal.  If the forfeiture is not paid, the matter may be referred to the Superior Court of the District of Columbia for enforcement and collection.

 

160.9 No forfeiture penalty assessed under this section shall be in excess of five thousand dollars ($5,000) for each violation.  Each day of violation may be considered a separate and distinct violation as prescribed by D.C. Official Code § 34-708 (2010 Repl.).

160.10  The Commission may compromise any forfeiture penalty consistent with the provisions of D.C. Official Code § 34-706(a) and (c) (2011 Supp.), if applicable. 

160.11  The forfeiture shall be paid into the Treasury of the United States to the credit of the General Fund of the District of Columbia.

authority

The Public Service Commission of the District of Columbia (Commission) hereby gives notice, pursuant to section 34-802 of the District of Columbia Official Code and in accordance with section 2-505 of the District of Columbia Official Code.

source

Final Rulemaking published at 59 DCR 1160 (September 28, 2012).