Section 29-320. CIVIL FINES, CRIMINAL PROSECUTION, AND INJUNCTIONS  


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    320.1Civil fines and penalties may be imposed for any violation of the Act or of this Chapter, pursuant to the District of Columbia Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42, D.C. Official Code §§ 2-1801.01 et seq.) (hereinafter "Civil Infractions Act"). Adjudication of all charged infractions shall be conducted pursuant to Titles I through III of the Civil Infractions Act. Hearings shall be conducted in accordance with section 318 of this Chapter.

     

    320.2Any violation of the Act may result in criminal prosecution, whereupon the violator shall, upon conviction, be subject to imprisonment not to exceed six (6) months, or a fine not to exceed $300.00, or both. Each unlawful act shall constitute a separate violation of this Chapter. Prosecutions shall be brought by the Attorney General for the District of Columbia in the Superior Court of the District of Columbia.

     

    320.3Any person who has been previously convicted of an offense in violation of the Act shall, upon a subsequent conviction for the same offense, be subject to imprisonment not to exceed one (1) year, or a fine not to exceed $5,000.00, or both.

     

    320.4In any prosecution conducted for violation of the Act, a Child Development Facility claiming an exemption from a licensing requirement shall have the burden of proving entitlement to the exemption.

     

    320.5The Attorney General may bring a civil action in the Superior Court of the District of Columbia to enjoin any violation of the Act.

     

source

Regulation No. 74-34 published at 21 DCR 1333 (December 27, 1974); as amended by Final Rulemaking published at 54 DCR 3793 (April 27, 2007).