Section 29-6312. PENALTIES

 

6312.1CFSA may impose civil fines, penalties, and related costs against a public or private independent living program for the violation of any provision of this Chapter.

 

6312.2A violation shall be considered an infraction under the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 25, 1985, D.C. Law 6-42, D.C. Official Code § 2-1801.01 et seq.

 

6312.3The procedures for adjudication and enforcement and the applicable fines, penalties, and costs shall be those established by or pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 25, 1985, D.C. Law 6-42, D.C. Official Code § 2-1801.01 et seq.

 

6312.4Governmental immunity is not a defense to any civil fine, penalty, or cost imposed.

 

6312.5Civil fines, penalties, and related costs imposed against an independent living program may not come out of funds needed to provide quality care and services to residents or otherwise passed on to the contracting entity, CFSA, or the District of Columbia.

 

6312.6Civil fines, penalties, and costs imposed against any independent living program owned or operated by the District of Columbia government shall be paid into a special account to be used for the personal needs of residents.

 

6312.7CFSA shall conduct an audit at least annually of every independent living program against which civil fines, penalties, or costs have been imposed.

 

6312.8Notwithstanding the availability of any other means of enforcement, CFSA may deduct the amount of civil fines, penalties, and related costs imposed against an independent living program directly from amounts otherwise payable by the District of Columbia to the independent living program.

 

6312.9CFSA shall maintain a record of all decisions to impose penalties or fines. The record shall be accessible to the public.

 

source

Final Rulemaking published at 49 DCR 1591 (February 22, 2002).