D.C. Mun. Regs. tit. 23, r. 23-1610

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 23-1610 - SETTLEMENT AGREEMENTS
1610.1

The terms of a settlement agreement submitted by the parties shall be consistent with District of Columbia law and shall be in compliance with D.C. Official Code §§ 25-446.01 and 25-446.02.

1610.2

The Board may initiate a "Notice to Show Cause Hearing" upon evidence that the holder of a license has violated the material terms of its settlement agreement. Upon a determination that the licensee has materially violated its settlement agreement, the Board may impose any penalty authorized by the Act or this title.

1610.3

A properly filed request to unilaterally terminate or amend a settlement agreement shall be considered by the Board pursuant to the substantial change and notice procedures set forth in D.C. Official Code §§ 25-404 and 25-762.

1610.4

Repealed.

1610.5

If the Board determines that a settlement agreement submitted by the parties does not comply with all applicable laws and regulations, or otherwise exceeds the Board's expertise to enforce, the Board may condition approval of the settlement agreement on the parties' acceptance of modifications of the agreement proposed by the Board. If the parties reject the modifications proposed by the Board, they may submit a new settlement agreement for Board review that complies with D.C. Official Code §§ 25-446.01 and 25-446.02 and is within the Board's expertise to enforce, or proceed to a protest hearing.

1610.6

The Board shall issue an Order denying the settlement agreement if the parties to a settlement agreement reject the modifications proposed by the Board and fail to submit a new settlement agreement in accordance with § 1610.5 or fail to respond to the Board's modifications within thirty (30) days of receiving notice of the modifications.

1610.7

If the Board issues an Order denying the settlement agreement pursuant to § 1610.6 and a protest has been filed against the Application, the matter will be scheduled for a Protest Hearing.

1610.8

If the Board issues an Order denying the settlement agreement pursuant to § 1610.6, and a protest was not filed against the Application, the Board may grant the Application in accordance with D.C. Official Code § 25-104 if the applicant or licensee meets the requirements set forth in Title 25 of D.C. Official Code.

1610.9

Settlement agreements shall be submitted to the Board for the Board's consideration no later than ninety (90) calendar days after execution by the parties. Any settlement agreement submitted after ninety (90) calendar days from date of execution will not be considered by the Board.

D.C. Mun. Regs. tit. 23, r. 23-1610

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); amended by Final Rulemaking published at 63 DCR 3727 (3/16/2016); amended by Final Rulemaking published at 66 DCR 001822 (2/8/2019); amended by Final Rulemaking published at 67 DCR 14482 (12/11/2020); amended by Final Rulemaking published at 68 DCR 7421 (7/30/2021)