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On March 14, 2014, DDOE published a Notice of Proposed Rulemaking, Civil Infractions: Schedule of Fines Amendments in the D.C. Register. The rulemaking amends Chapters 36 and 40 of Title 16 of the District of Columbia Municipal Regulations (DCMR) and is a comprehensive revision to the DDOE Schedule of Fines that will apply to violations in eight separate programs administered by DDOE.
The schedule of fines is enforced through the administrative process established by the District’s Civil Infractions Act (D.C. Official Code § 2-1801 et seq.). DDOE takes enforcement action through the Civil Infractions Act by issuing a notice of infraction for an alleged violation. The schedule of fines is separated into different classifications according to the nature and severity of the violations and their potential to impact human and environmental health. The proposed rulemaking to the schedule of fines corrects duplicate, conflicting, and improperly cited infractions and provides more accurate descriptions of the nature of the violations in the parentheticals. Additionally, many of the infractions have been re-classified to better align with the nature of the violations. The proposed rulemaking also establishes fines for environmental infractions that were not previously listed in the schedule of fines.
Any person desiring to comment on the proposed rulemaking must file written comments within thirty days after the date of publication in the D.C. Register. To submit comments on the proposed rules, please ensure that the comments identify the commenter and that they are clearly marked “DDOE Schedule of Fines, Proposed Rule Comments.” Comments may be:
After careful consideration of all comments properly received, the proposed rules, or an amended version of the proposed rules based on public comments received, will be transmitted to the Council of the District of Columbia for review and approval. The rules will become effective after approval by the Council, or thirty days after transmittal to the Council, as long as the Council does not disapprove the rules during the thirty day review period, and upon final publication in the D.C. Register.
The Department conducted a public hearing on this proposed rulemaking on March 25, 2014. The presentation slides are available below.
If you have questions about this proposed rulemaking or the public hearing, please send an e-mail to SOF.firstname.lastname@example.org.