5954071 Consumer and Regulatory Affairs, Department of - Notice of Second Emergency Rulemaking - 16 DCMR 3200-3201 (Class VI Infraction)

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

 

NOTICE OF SECOND EMERGENCY RULEMAKING

 

The Director of the Department of Consumer and Regulatory Affairs (Director), pursuant to authority set forth in D.C. Official Code § 47-2851.20 (2012 Repl.), Section 104 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)), and Mayor’s Order 99-68, dated April 28,1999, hereby gives notice of the adoption, on an emergency basis, the following amendment to Chapter 32 (Civil Infractions: Schedule of Fines) of Title 16 (Consumers, Commercial Practices, and Civil Infractions).  

 

The rulemaking creates a Class VI infraction to conform to the fine amounts set forth in the Sale of Synthetic Drugs Temporary Amendment Act of 2015, effective October 21, 2015 (D.C. Law 21-0034; 62 DCR 10898 (August 14, 2015)).

 

This second emergency rulemaking is necessary to the immediate preservation of the public welfare to enable swift processing of fines prescribed in the Synthetic Drugs Emergency Amendment Act of 2015.   The need for emergency action was legislatively adopted in Sale of Synthetic Drugs Emergency Declaration Resolution of 2015, effective June 30, 2015 (R21-0141; 62 DCR 9707 (July 17, 2015)).  Identical language was adopted on July 10, 2015 in a Notice of Emergency and Proposed Rulemaking, published at 62 DCR 10430 (July 31, 2015), and in a Notice of Emergency Rulemaking, published at 63 DCR 1098 (January 29, 2016), which expired April 2, 2016.

 

This second emergency rulemaking was adopted April 2, 2016, and became effective on that date. The emergency rules shall remain in effect for up to one hundred and twenty (120) days or until July 31, 2016, unless earlier superseded by publication of a Notice of Final Rulemaking in the D.C. Register.

 

Chapter 32, CIVIL INFRACTIONS: SCHEDULE OF FINES, of Title 16 DCMR, CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS, is amended as follows:

 

Section 3200, CLASSES OF INFRACTIONS, Subsection 3200.1, is amended by adding a paragraph (f) to read as follows:

 

(f)        Class 6 – Infractions that involve synthetic drug sale, intent to sell, or possession in violation of D.C. Official Code §47-2844(a-2)(1A).

 

Section 3201, FINE AMOUNTS, Subsection 3201.1, is amended by adding a new paragraph (e) to read as follows:

 

(f)        For Class 6 infractions, the fines are as follows:

           

(1)        For the first offense                                        $10,000; and

(2)        For the second and subsequent offenses        $20,000.