Section 24-4109. NOTICE OF INFRACTION

 

4109.1If the respondent has been served with a Compliance Order, but failed to abate the violation or request a hearing within the fifteen (15) days allowed by the Compliance Order or the Director takes action pursuant to § 4107, the respondent shall be liable for civil penalties and expenses incurred by the Department due to the violation.  Additionally, the Director may impound or remove the publisher box from public space.

 

4109.2The Director shall serve a Notice of Infraction to the respondent by mail and email.  In addition, the Director may post information regarding the Notice of Infraction on the Department’s website.

 

4109.3In the event that no contact or ownership information is displayed on the publisher box, the Director shall affix the Notice of Infraction to a conspicuous location on the publisher box and shall post information regarding the Notice of Infraction on the Department’s website as a means of providing the fifteen (15) day notice. 

 

4109.4The Notice of Infraction shall state the following:

 

(a)Any action the Department has taken, including the impoundment or removal of the publisher box from public space;

 

(b)The basis for the action;

 

(c)The nature of the alleged infraction, including a citation to the regulation that the respondent violated;

 

(d)A statement that the respondent has a right to challenge the action at a hearing before the Office of Administrative Hearings;

 

(e)A statement that to obtain a hearing, the respondent must request a hearing in writing within fifteen (15) days after the service of the notice;

 

(f)That the respondent has a right to request an expedited hearing by making this request in writing within five (5) days after service of the notice;

 

(g)The process by which the respondent may request a hearing;

 

(h)The method by which the respondent may recover the publisher box impounded or removed from public space;

 

(i)The deadline by which the respondent must recover the publisher box; and

 

(j)The amount owed the Department for the civil infraction pursuant to Chapter 32 of Title 16 DCMR, and expenses incurred by the Department.

 

4109.5The Notice of Infraction shall be answered, abated and adjudicated in accordance with administrative procedures found in Chapter 31 of Title 16 DCMR.

 

4109.6The Director shall store the publisher box which has been impounded or removed from the public space pursuant to § 4109.1 for fifteen (15) days after the service of the Notice of Infraction.

 

4109.7If the respondent does not recover the property by the date set forth in the notice, the Director may, consistent with reasonable business practices, sell or otherwise dispose of the property.

 

4109.8A respondent who fails to reclaim the property within the time prescribed shall nevertheless be entitled to recover the fair market value of any property disposed of pursuant to this subsection if:

 

(a)The respondent timely requests a hearing;

 

(b)The administrative law judge dismisses the notice or order or finds no violation; and

 

(c)The respondent establishes the property’s fair market value by a preponderance of the evidence; provided that if the District has sold the property, the price paid by a good faith purchaser, other than the respondent, shall establish a rebuttable presumption of the fair market value of the property.

 

4109.9If the respondent who fails to request a hearing or to otherwise abate the Notice of Infraction or is ordered to make payment by the administrative law judge pursuant to 16 DCMR § 3113, the respondent shall be responsible for the payment of all fines, costs and expenses imposed in accordance with Chapter 31 of Title 16 DCMR.

 

 

authority

Sections 4(a)(5)(A) (assigning authority to coordinate and manage public space permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public space permit requests to the Department Director), 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works under Section III(F) of Reorganization Plan No. 4 of 1983 to the Department), 9j (granting the Director rulemaking authority), and 9(j) (authorizing civil fines and penalties) of the Department of Transportation Establishment Act of 2002 (“DDOT Establishment Act”), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A), 50-921.04(4)(A), 50-921.05(b), 50-921.18, and 50-921.19 (2014 Repl.& 2015 Supp.)), Sections 604 and 607 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.04 and 10-1141.07 (2013 Repl. & 2015 Supp.)), Subtitle C of Title VI of the Fiscal Year 2005 Budget Support Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code §§ 10-1181.01 et seq. (2013 Repl. & 2015 Supp.)), and the Public Space Enforcement Amendment Act of 2014, effective March 11, 2015 (D.C. Law 20-207; 61 DCR 12690 (December 19, 2014)).

source

Final Rulemaking published at 63 DCR 14191 (November 18, 2016).