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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 31. TAXICABS AND PUBLIC VEHICLES FOR HIRE |
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Chapter 31-7. ENFORCEMENT |
Section 31-703. ENFORCEMENT ACTIONS
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703.1The Office may take one or more of the following enforcement actions where there are reasonable grounds to believe that a person has violated, or is violating, a provision of this title or other applicable law:
(a) Issue a notice of infraction (“NOI”) in accordance with § 704;
(b) Issue an order to cease and desist in accordance with § 705;
(c) Issue an order of immediate suspension of a license in accordance with § 706 or § 707;
(d) Issue a notice of proposed suspension or revocation of a license in accordance with § 708; or
(e) Issue an order of impoundment of a vehicle pursuant to the Impoundment Act.
703.2In addition to any other penalty or action authorized by a provision of this title, the Office may recommend to another government agency the denial, revocation or suspension of any license that may be issued by the other agency.
703.3Each respondent shall respond to a notice of an enforcement action within the time stated in the notice or, if no time for a response is stated in the notice, as specified in this chapter. Failure to respond within the time required shall subject the respondent to the civil penalties and fines imposed therein.
703.4The Office may modify, supplement or withdraw any enforcement action at any time, provided such action is consistent with fundamental fairness and the due process rights of the respondent.
703.5 The enumeration of enforcement actions in this section shall not limit or proscribe any legal remedy available to the Commission or the Office in a court proceeding at law or in equity, including, but not limited to, entering into consent decrees and settlements, and enforcing the terms thereof.
703.6 The Office may, through the Office of the Attorney General, petition the District of Columbia Superior Court for injunctive relief, or take any other action authorized by law to enforce compliance with a provision of this title or other applicable law including, but not limited to, consent decrees and settlements.
703.7In addition to any other enforcement action authorized by this title or other applicable law, where a private sedan business certifies an intentionally false or misleading statement on a form required by this title or other applicable law, the Office may refer the matter for civil and/or criminal investigation by an appropriate agency of the District or Federal Government.
703.8The circumstances giving rise to a respondent’s suspension may be considered by the Office in any determination of whether to issue or renew a license to the respondent.
703.9An appeal from any enforcement action under this chapter may be referred to the Commission, to a hearing examiner of the Office, or to OAH, as designated by the Office in its sole discretion. Decisions by DCTC hearing examiners shall be according to any rules which may be enacted by the Commission but shall in no instances be appealable to OAH.
703.10In computing any applicable time period measured in days under this chapter:
(a)The day of the act, event, or default from which the period begins to run shall not be included;
(b)The last day of the period shall be included; and
(c)Unless otherwise specified, any reference to “days” means calendar days including holidays and weekends.
703.11An appeal to OAH from any of the following appellate decisions of the Commission shall be limited to the administrative record, and shall not be reversed unless they are clearly erroneous and/or constitute an abuse of discretion:
(a) A decision on appeal from a cease and desist order pursuant to § 705.4; and
(b) A decision on appeal from a denial of a license pursuant to § 709.3.