4346199 Amends chapters to clarify jurisdiction, procedures, and penalties to assist the Office of Taxicabs in its enforcement of Title 31, and clarify that all enforcement actions shall be governed by this Chapter.
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DISTRICT OF COLUMBIA TAXICAB COMMISSION
SECOND NOTICE OF PROPOSED RULEMAKING
The District of Columbia Taxicab Commission (“Commission”), pursuant to the authority set forth in Sections 8(b)(1) (C), (D), (E), (F), (G), (I), (J), 14, 20, and 20a of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-307(b)(1) (C), (D), (E), (F), (G), (I), (J) (2009 Repl.), 50-313 (2012 Supp.), 50-319 (2009 Repl.), and 50-320 (2012 Supp.)); D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Supp.); and Section 12 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1920, and for other purposes, approved July 11, 1919 (41 Stat. 104; D.C. Official Code § 50-371 (2009 Repl.)); hereby gives notice of its intent to adopt amendments to Chapters 4, 5, 6, 7, 8 and 10 of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).
Proposed rules amending Chapters 4, 5, 6, 7, 8 and 10 of DCMR Title 31 were originally approved by the Commission for publication on February 13, 2013, and published in the D.C. Register on March 15, 2013, at 60 DCR 3783. The Commission held a public hearing on the proposed rules on April 12, 2013, to receive oral comments on the proposed rules. The Commission received valuable comments from the public at the hearing and throughout the comment period, which expired on April 13, 2013. The proposed rules clarify jurisdiction, procedures, and penalties to assist the Office of Taxicabs in its enforcement of Title 31, and clarify that all enforcement actions shall be governed by this Chapter.
Directions for submitting comments may be found at the end of this notice. The Commission also hereby gives notice of the intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days after the publication of this notice of second proposed rulemaking in the D.C. Register.
Chapter 7, COMPLAINTS AGAINST TAXICAB OWNERS OR OPERATORS, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR, is deleted.
A new Chapter 7, ENFORCEMENT, is added as follows.
CHAPTER 7 ENFORCEMENT
700 APPLICATION AND SCOPE
700.1 This chapter establishes procedural rules for the enforcement of and compliance with the provisions of this title.
700.2 This chapter applies to all persons (including all owners, operators, and businesses) regulated by a provision of this title.
700.3 The provisions of this chapter shall be interpreted to comply with the language and intent of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301 et. seq.) (“Act”).
700.4 Nothing in this chapter shall be construed to limit the authority of the Office or the Commission under any applicable law.
700.5 In the event of a conflict between a provision of this chapter and a provision of another chapter of this title, including a penalty provision, the provision of this chapter shall control.
701 ADMINISTRATIVE ACTIONS
701.1 The Office may, in its discretion, take an administrative action, including issuing an Office order or Office directive, as it deems necessary to aid in administration, enforcement, or compliance under this title.
701.2 Except where otherwise expressly stated in a provision of this title, the Office’s exercise of its discretion to refrain from taking an administrative action shall not excuse or justify failure to comply with an applicable provision of this title or other applicable law.
701.3 Each Office order shall be posted on the Commission’s website and shall become effective twenty-four (24) hours after it is posted or at such later time as stated in the Office order, provided, however, that an Office order shall become effective upon posting if the Office states that it is effective at such time based on a determination that such action is required to protect passenger, operator, or public safety, for consumer protection, or where otherwise permitted by applicable law.
701.4 Each written Office directive shall be served in person upon the individual who must comply with it, or upon the owner, agent, partner, employee, or other designated representative of the person that must comply with it, or by U.S. Mail with delivery confirmation or return receipt requested to the address on file at the Office. Service of a written Office directive shall be complete at the time the Office directive is served in person or at the time it is deposited into the U.S. Mail, whichever occurs first.
701.5 Each oral Office directive shall be given to the individual who must comply with it, or to the owner, agent, partner, employee, or other designated representative of the person that must comply with it.
701.6 Each person shall timely and fully comply with each Office order that applies or relates to its obligations under any provision of this title or other applicable law and with each Office directive issued to it.
701.7 An Office order or Office directive may be modified or rescinded at any time with reasonable notice.
701.8 The civil penalties for failure to comply an Office order or Office directive are established as follows:
(a) Each individual that fails to timely and fully comply with an Office order or Office directive:
(1) Shall be subject to any civil fine that may be imposed under a chapter of this title that provides authority for the Office order or Office directive, or, if no fine is established, five hundred dollars ($500), which shall be doubled for the second violation, and tripled for the third and subsequent violations occurring within any twelve (12) month period; and
(2) If the individual’s failure to comply causes the Office to lose jurisdiction to initiate a contested case against any person, then, in addition to the civil fine imposed under Subparagraph (a)(1) of this subsection, such individual shall pay a civil fine of one thousand dollars ($1,000).
(b) Each person other than an individual that fails to timely and fully comply with an Office order or Office directive:
(1) Shall be subject to any civil fine that may be imposed under a chapter of this title that provides authority for the Office order or Office directive, or, if no fine is established, seven hundred fifty dollars ($750), which shall be doubled for the second violation, and tripled for the third and subsequent violations occurring within any twelve (12) month period;
(2) If the person’s failure to comply causes the Office to lose jurisdiction to initiate a contested case against any person, then, in addition to a civil fine that may be imposed under Subparagraph (b)(1) of this subsection, such person shall pay a civil fine of two thousand five hundred dollars ($2,500).
702 LICENSING DOCUMENTS
702.1 Where a licensing document is issued by the Office:
(a) The terms stated or incorporated by reference in such document shall constitute an Office directive; and
(b) If the document states that it is a temporary (such as in the case of a temporary DCTC identification card (Face Card), it shall be valid and effective for all purposes under this title for the period stated therein.
702.2 No person, other than a District enforcement official or other person authorized by law, shall duplicate or cause to be duplicated any licensing document except with written permission from the Office or for personal use pursuant to §§ 814.8 and 822.2.
703 PUBLIC COMPLAINTS
703.1 The Office shall receive oral and written complaints by members of the public through all common means of transmission, including through the Commission’s telephone hotline and website, by email, in person, by U.S. Mail, and by private delivery service.
703.2 An oral complaint shall not be the basis of further action unless it has been reduced to writing.
703.3 The Office shall provide written notice to each complainant that his or her complaint has been received, within seventy-two (72) hours of receiving a complaint submitted in writing or within seventy-two (72) hours after a complaint originally submitted orally is reduced to writing. The notice required by this subsection may be served by email, if provided by the complainant.
703.4 If the Office determines that a complaint has merit, it shall issue an invitation to mediate to the respondent pursuant to § 704.2. The invitation shall include a detailed description of the complaint, including the time, place, and location of any incident referenced in the complaint, and the potential penalties if a contested case is initiated based on the complaint.
703.5 A complaint shall be pursued by the Office only if the complaint is made within thirty (30) days after the alleged incident giving rise to the complaint, provided, however, that a complaint alleging that any person suffered personal injury or engaged in criminal misconduct in connection with the provision of a public vehicle-for-hire service may be pursued by the Office if made within twelve (12) months after the alleged incident.
703.6 The Office shall initiate a contested case based on a complaint not later than ninety (90) days after the deadline by which it must pursue such complaint under this subsection, provided, however, that such period shall be subject to tolling as provided by District case law applicable to limitations periods.
704 MEDIATION
704.1 Mediation shall consist of an informal meeting between the Office and the respondent at a time and place designated by the Office for the purpose of addressing a public complaint or any other matter over which the Office has jurisdiction under a provision of this title.
704.2 The Office, in its discretion, may extend to a respondent an invitation to mediate, provided, however, that the Office shall extend to a respondent an invitation to mediate where required by § 703.4.
704.3 Each invitation to mediate:
(a) Shall state the designated time and location for the mediation session;
(b) Shall include any information required by § 703.4;
(c) May include a request or directive that the respondent bring with it or submit in advance documents or information;
(d) Shall be served in the manner required for an Office directive under § 701.4; and
(e) Shall state that the invitation is valid for ten (10) calendar days if the mediation follows a public complaint, or else for such period as the Office may determine in its discretion.
704.4 A respondent shall not be required to accept an invitation to mediate. If the Office receives a timely acceptance from the respondent and the respondent appears on time for mediation, the Office shall mediate the matter as stated in the invitation. If the Office does not receive a timely acceptance from the respondent or the respondent does not appear for mediation, the Office may initiate a contested case pursuant to § 704.
704.5 The Office shall reschedule a mediation once for good cause shown if a request to reschedule is received by the Office not later than three (3) business days before the mediation date or on shorter notice if due to on exigent circumstances (such as hospitalization), supported by appropriate documentation.
704.6 At mediation, the parties may negotiate and agree concerning any penalty that would be available if a contested case were filed (including a full or partial payment of a civil fine), admission of liability, execution of a compliance agreement or consent decree, suspension or revocation of a license, or any other relief authorized by law.
704.7 No fact related to or concerning mediation, including whether a mediation session occurred or did not occur, whether a mediation session was rescheduled or not, and a party’s offer to compromise made orally or in writing, shall be admissible in a contested case, provided, however, that a document that is not created in anticipation of mediation shall be admissible in a contested case regardless of whether it was obtained in connection with mediation.
705 CONTESTED CASES
705.1 The Office may initiate a contested case alleging the violation of one (1) or more provisions of this title or other applicable law by serving:
(a) A notice of infraction (NOI) seeking a penalty authorized by law;
(b) A notice of summary denial, revocation, suspension, or modification, of a license issued by the Office;
(c) A notice of proposed denial, revocation, suspension, or modification, of a license issued by the Office; or
(d) A notice requiring the respondent to cease and desist conduct that violates a provision of this title or other applicable law, or to take action necessary to achieve compliance with a provision of this title or other applicable law.
705.2 A contested case shall be adjudicated by OAH or by such other authorized official as designated in the notice.
705.3 In addition to any other penalty 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 such other agency.
705.4 When a notice of proposed denial, revocation, suspension, or modification of a license issued by the Office (“notice of proposed action”) is served pursuant to § 705.1(c), the respondent may request reconsideration of the proposed action by the Chairman of the Commission under the following procedures:
(a) The notice of proposed action shall state the availability of the process established by this subsection;
(b) The respondent shall notify the Office in writing of its intention to seek reconsideration within five (5) business days of service of the notice of proposed action (“service”);
(c) If the Office receives a statement indicating the respondent intends to seek reconsideration within the time required by § 704.5(b), the Office shall notify the respondent of such receipt within two (2) business days and shall then begin the reconsideration process described herein.
(d) Within ten (10) business days of service of the notification required by § 705.4(c), the respondent shall file with the Office a detailed written statement in support of its request for reconsideration stating the grounds upon which reconsideration is sought, which shall include citation to any provision of this title or other applicable law, or other point or authority, and which shall be executed under oath and attach all supporting documentation, including any witness statements, which shall also be executed under oath;
(e) If the Office receives the written statement in support of reconsideration within the time required by § 705.4(d), the Office shall notify the respondent of such receipt within two (2) business days and shall then continue with the reconsideration process
(f) The Chairman shall consider the written statement and all documentation provided by the respondent, and may also consider any relevant information or document from the Office, another District agency, or another person, or any point or authority, that appears reasonably reliable and bears on the issues presented;
(g) The Chairman shall issue a written decision to let stand, modify or withdraw, in full or in part, the proposed action, , together with a supporting narrative, within ten (10) business days of the receipt of the written statement, unless the Chairman extends this deadline at his or her sole discretion for no more than five (5) business days;
(h) The Office shall serve the Chairman’s decision and supporting narrative on the day it is issued, and shall comply with such order by withdrawing, modifying, or letting stand the proposed order; and
(i) The Chairman’s decision on reconsideration shall not be subject to review, and no fact related to or concerning reconsideration, including, without limitation, any action or failure to take action by the Office or by the Chairman, and the Chairman’s decision and supporting narrative, shall be admissible in an adjudication of the proposed action or in any other contested case, provided, however, that a document created prior to the reconsideration process or not in connection with the reconsideration process, or that would be admissible if the respondent had not requested reconsideration, shall be admissible.
706 ADDITIONAL CIVIL PENALTIES FOR FAILURE TO RESPOND TO A CONTESTED CASE NOTICE
706.1 Each respondent that fails to timely answer or otherwise respond within thirty (30) days to any contested case notice issued under § 705.1(a):
(1) Shall pay a civil penalty equal to twice the amount of the civil fine applicable to the violation pursuant to a penalty provision of any chapter of this title, in addition to the applicable civil fine itself; and
(2) Shall be subject to the entry of a default order without additional notice.
706.2 An additional civil fine imposed under § 705.1 shall not relate to and shall not preclude or affect the multiplication of a civil fine under a penalty provision of any chapter of this title, as the result of a prior violation by the respondent.
706.3 Each respondent shall respond to any contested case notice issued under § 705.1 (b) or (d) as directed within such notice and be subject to civil penalties and fines as stated in such notice.
707 DECLARATORY ORDERS
707.1 Upon the petition of any interested person, the Commission may issue a declaratory order concerning the applicability of any rule, regulation, Council act or resolution, or statute administered by the Commission, for the purpose of terminating a controversy (other than a contested case) or removing an uncertainty.
707.2 A petition for a declaratory order shall be filed in writing, clearly marked to indicate that it is being filed pursuant to this section and shall:
(a) Contain a detailed statement of the facts on which the petition is based;
(b) Set forth fully the laws and decisions relevant to the issue;
(c) Pose the question of whether, and in what manner, the law and decisions apply to the petitioner under the facts outlined in the petition;
(d) Contain a statement describing the interest of the petitioner in making the request for the declaratory order; and
(e) Provide a description and any supporting documentation of any action or inaction of the Commission that gives rise to the petition.
707.3 The Commission shall consider the petition and, at the Commission’s discretion, may issue or not issue the declaratory order requested. The determination to issue or not issue a declaratory order shall be promptly communicated to the petitioner. The Commission may require argument on the petition.
707.4 A declaratory order issued by the Commission shall be in writing and plainly state that it is a declaratory order issued pursuant to this section.
707.5 A written answer from the Commission to an inquiry shall not be construed as a declaratory order unless it is made in compliance with the requirements of this section.
707.6 The Office shall publish each declaratory order of general interest on the Commission’s website, subject to the redaction of any information that should be withheld under the Freedom of Information Act, effective Mar. 25, 1977 (D.C. Law 1-96, D.C. Official Code §§ 2-531, et seq.), and its implementing regulations.
707.7 A declaratory order shall bind the petitioner on the stated facts, unless such order is altered or set aside by a court of competent jurisdiction. A declaratory order may be revoked, altered, or amended by the Commission at any time by written notice to the petitioner, which shall have prospective effect only, and if the revocation, alteration, or amendment concerns a declaratory order that has been published, such revocation, alteration, or amendment shall also be published promptly.
708 REPRESENTATION
708.1 Each person may designate a representative to act on its behalf before the Office or the Commission in connection with any matter arising under this title.
708.2 No person other than a representative designated pursuant to § 706.1 shall act on behalf of another person before the Office or the Commission.
Subsection 799.1 is amended to read as follows:
799.1 The terms “adjudication,” “contested case,” “declaratory order”, “party,” and “license” shall have the meanings ascribed to them in the District of Columbia Administrative Procedure Act, effective Oct. 8, 1975, (D.C. Law 1-19, D.C. Official Code § 2-502 et seq.).
A new Subsection 799.2 is added to read as follows:
799.2 The following words and phrases shall have the meanings ascribed:
Administrative action – an Office order or Office directive.
APA – the District of Columbia Administrative Procedure Act, effective Oct. 8, 1975 (D.C. Law 1-19; D.C. Official Code § 2-501 et seq.).
Complainant– a member of the public who submits a complaint.
District enforcement official –a public vehicle enforcement inspector (hack inspector) or other authorized official, employee, or general counsel of the Office, or any law enforcement official authorized to enforce a provision of this title.
Licensing document –a physical or electronic document issued to a person as evidence that such person has been issued a license under this title (such as a DCTC identification card (Face card)).
Office directive – a written or oral administrative instruction by the Office, including a District enforcement official, to a person regulated by this title or other applicable law, requiring such person to: appear at the Office; produce a document, information, or thing for inspection or copying; submit a vehicle for testing or inspection; surrender a physical document evidencing that a person has been licensed by the Office (such as a DCTC identification card (Face Card)); comply with any provision of this title or other applicable law, including an order pursuant to the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199, D.C. Official Code §§ 50-331 et. seq).; or take or refrain from any action as the Office or such District enforcement official may deem necessary for purposes of administration, enforcement, or compliance.
Office order – an administrative issuance by the Office to a class of persons or vehicles regulated by a provision of this title or other applicable law that: adopts a form; establishes an administrative fee; issues a guideline or protocol applicable to persons other than employees of the Office; provides guidance concerning a provision of this title; or takes any action that the Office deems necessary for purposes of administration, enforcement, or compliance.
Notice of infraction or NOI –a civil charging document in which the respondent is charged with violating one (1) or more provisions of this title or other applicable law.
Person – has the meaning ascribed to it in the APA, and is further defined as including any individual or entity regulated by this title or any individual or entity that engages in an activity regulated by this title which requires DCTC licensure or authorization to operate but has not obtained such appropriate license or authorization or the license or authorization has lapsed, been suspended, or been revoked.
Representative – an individual or a law firm designated and accepted by a person to advocate on its behalf or to provide advice and counsel to it, at its sole cost and expense, to the extent authorized by law.
Respondent – a person that is the subject of a public complaint, that is invited to participate in mediation, or against which a public complaint is initiated.
Chapter 4, HEARING PROCEDURES APPLICABLE TO NOTICES OF INFRACTIONS, is DELETED and RESERVED.
Chapter 5, TAXICABS COMPANIES, ASSOCIATIONS, AND FLEETS AND INDEPENDENT TAXICABS, is amended as follows:
Subsection 500, APPLICATION AND SCOPE, is amended to read:
500.3 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.
Subsection 510.3 is DELETED.
Subsections 518.2 and 518.3 are DELETED.
Chapter 6, TAXICABS PARTS AND EQUIPMENT, is amended as follows:
Section 600, APPLICATION AND SCOPE, is amended to read:
600.5 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.
Chapter 8, OPERATION OF TAXICABS, is amended as follows:
The title of Section 826 is amended to read:
ENFORCEMENT OF THIS CHAPTER
Section 826, ENFORCEMENT OF THIS CHAPTER, is amended as follows:
826.1 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.
Chapter 10, PUBLIC VEHICLES FOR HIRE, is amended as follows:
Subsection 1002, APPLICATION FOR A HACKER’S LICENSE; FEES, is amended to read:
1002.10 The denial of a hacker’s license for failure to successfully take and pass the written examination is not reviewable on appeal.
Section 1013 is DELETED.
A new Section 1013, ENFORCEMENT, is added.
1013.1 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.
Copies of this proposed rulemaking can be obtained at www.dcregs.dc.gov or by contacting Jacques P. Lerner, General Counsel and Secretary to the Commission, District of Columbia Taxicab Commission, 2041 Martin Luther King, Jr., Avenue, S.E., Suite 204, Washington, D.C. 20020. All persons desiring to file comments on the proposed rulemaking action should submit written comments via e-mail to dctc@dc.gov or by mail to the DC Taxicab Commission, 2041 Martin Luther King, Jr., Ave., S.E., Suite 204, Washington, DC 20020, Attn: Jacques P. Lerner, General Counsel and Secretary to the Commission, no later than thirty (30) days after the publication of this notice in the D.C Register.
