Section 20-104. HEARINGS

 

104.1Any person aggrieved by any adverse action of the Mayor taken pursuant to this subtitle, may have review of the action by the Mayor in accordance with the District of Columbia Administrative Procedure Act, except as otherwise provided in this subtitle. In administration of the hearing, the Mayor may summon persons, and require that papers and materials be delivered under subpoena as set forth in D.C. Code §1-338 (1992 Repl. Vol.).

 

104.2A request for a hearing to review an adverse action proposed by the Mayor shall be made in writing within fifteen (15) days following notification to the aggrieved person of the contemplated action of the person's right to a hearing with respect to the action.

 

104.3The Mayor may take the action contemplated in the notice without a hearing if the aggrieved person fails to timely request a hearing, or the party fails to appear at a scheduled hearing for which no continuance has been or is granted.

 

104.4The Mayor may promulgate detailed rules for the conduct of hearings under this subtitle. This chapter shall be consistent with the District of Columbia Administrative Procedure Act.

 

104.5Nothing in this section shall be construed to prevent the Mayor from initiating appropriate action from the recovery of a penalty pursuant to § 105 or from seeking enforcement by injunctive relieve or other appropriate remedy during the pendency of a review proceeding.

 

source

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §104 32 DCR 562, 569 (February 1, 1985)