Section 24-2602. ENFORCEMENT AND ADJUDICATION

 

2602.1An enforcement action for any violation of the Act, this chapter, or any condition of an Ultra-Hazardous Materials Transport Permit shall be commenced with a written Notice of Violation (NOV) issued to any person deemed appropriate by the Director.

 

2602.2The NOV shall be in the form prescribed by the Director and shall contain:

 

(a)The name and address of the respondent;

 

(b)A citation to the law or rule that the respondent allegedly violated;

 

(c)The nature, time, and place of the violation;

 

(d)The amount of the penalty applicable to the violation;

 

(e)Notification that the penalty must be paid within fifteen (15) days from the date of service of the NOV; and

 

(f)A statement explaining that the respondent has a right to request a hearing on the violation charged in the NOV; and

 

(g)The procedure by which the respondent may request a hearing on the violation charged in the NOV.

 

2602.3The Director shall effect service of the NOV on a respondent by one of the following methods:

 

(a)Personal service on the respondent or respondent's agent;

 

(b)Delivering the NOV to the last known home or business address of the respondent or respondent's agent and leaving it with a person over the age of sixteen (16) years old residing or employed therein; or

 

(c)Mailing the NOV to the last known home or business address of the respondent or respondent's agent. For purposes of this section, "respondent's agent" means a general agent, employee, or attorney of the respondent.

 

2602.4A respondent shall answer the NOV in accordance with this section within fifteen (15) days from the date of service of the NOV. In response to an NOV, a respondent shall do the following:

 

(a)Admit the violation and enclose the amount of the fine stated on the NOV by use of a personal check, company check, certified check, cashier's check, postal money order, or bank money order made payable to the order of the District of Columbia Treasurer; or

 

(b)Deny the commission of the violation and request a hearing to contest the violation.

 

2602.5If a respondent has been served an NOV and fails, without good cause, to answer within fifteen (15) days from the date of service, the respondent shall be liable for the penalty applicable to the violation.

 

2602.6Upon receipt of a respondent's answer denying the commission of a violation and requesting a hearing, the Director shall commence a case before the Office of Administrative Hearings and that case shall be adjudicated pursuant to the regulations of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1821 et seq.).

 

source

Final Rulemaking Published at 52 DCR 10700 (December 9, 2005).