Section 20-4005. ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

4005.1A person adversely affected by an enforcement action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01 et seq.), or OAH’s successor.

 

4005.2The appeal to OAH shall be filed in writing within fifteen (15) calendar days of service, or twenty (20) calendar days if service is made by United States mail. 

 

4005.3The Department may toll a period for filing an administrative appeal with OAH if it does so explicitly in writing before the period expires.

 

4005.4OAH shall:

 

(a)Resolve a notice of infraction by:

 

(1)Affirming, modifying, or setting aside the Department’s action complained of, in whole or in part;

 

(2)Remanding for Department action or further proceedings, consistent with OAH’s order; or

 

(3)Providing such other relief as the governing statutes, regulations, and rules support;

 

(b)Act with the same jurisdiction, power, and authority as the Department may have for the matter currently before OAH; and

 

(c)Render a final decision that shall constitute a final agency action subject to judicial review. 

 

4005.5The filing of an administrative appeal shall not in itself stay enforcement of an action, except that a person may request a stay according to the rules of OAH.

 

4005.6The burden of production in an appeal of an action of the Department shall be allocated to the person who appeals the action, except that it shall be allocated:

 

(a)To the party who asserts an affirmative defense; and

 

(b)To the party who asserts an exception to the requirements or prohibitions of a statute or rule.

 

4005.7The final OAH decision on an administrative appeal shall thereafter constitute the final, reviewable action of the Department, and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.

 

4005.8Nothing in this chapter shall be interpreted to:

 

(a)Provide that a filing of a petition for judicial review stays enforcement of an action; or

 

(b)Prohibit a person from requesting a stay of the OAH proceedings according to the rules of the court.

 

 

authority

District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the Paint Stewardship Act of 2014, effective March 11, 2015 (D.C. Law 20-205; D.C. Official Code §§ 8-233.01 et seq. (2016 Supp.)); and Mayor’s Order 2015-229, dated October 7, 2015.

source

Final Rulemaking published at 63 DCR 9657 (July 22, 2016).