D.C. Mun. Regs. tit. 23, r. 23-808

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 23-808 - VIOLATION HISTORY COMPUTATION

808.1

This section applies to all instances that require a computation of a person's or licensee's violation history, including, but not limited to, D.C. Official Code §§ 25-781, 25-783, and 25-830.

808.2

The review period for computing the number of a licensee's prior primary and secondary tier violations commences on the date of violation in the instant case, and runs backward for the number of years specified in §§ 808.6, 808.7, and 808.8, as applicable.

808.3

The computation of violation history shall only include prior adjudicated cases whose dates of adjudication fall within the applicable review period for the instant case.

808.4

The date of adjudication for computation purposes shall be the date:

(a) The citation was paid;

(b) A final written order finding liability has been issued by the Board;

(c) A staff settlement was paid; or

(d) The date an offer-in compromise was accepted by the Board.

808.5

The computation shall not include:

(a) Any violation that has not been adjudicated as of the date of the violation in the instant case;

(b) Any adjudicated case whose date of adjudication falls outside of the review period.

808.6

A licensee shall be found liable for a second primary or secondary tier violation, whichever is applicable, if one (1) prior violation of the same tier was adjudicated within two (2) years of the date of violation in the instant case.

808.7

Except as specified in D.C. Official Code § 25-781 and § 25 -783, a licensee shall be found liable for a third primary or secondary tier violation, whichever is applicable, if two (2) prior violations of the same tier were adjudicated within three (3) years of the date of violation in the instant case.

808.8

Except as otherwise specified in D.C. Official Code § 25-781 and § 25 -783, a licensee shall be found liable for a fourth primary or secondary tier violation, whichever is applicable, if three (3) prior violations of the same tier were adjudicated within four (4) years of the date of violation in the instant case.

808.9

Any licensee who is found liable for a fourth secondary tier violation within four (4) years shall, pursuant to D.C. Official Code § 25-830(d):

(a) Be deemed to have committed a first primary tier violation;

(b) Be subject to penalty and fine schedule for primary tier violations for five (5) years from the date of the violation in the instant case, during which time each subsequent secondary tier violation shall be deemed a subsequent primary tier violation for all purposes.

808.10

Except as otherwise specified in D.C. Official Code § 25-781 and § 25 -783, a licensee shall be found liable for a fifth primary tier violation if four (4) prior primary tier violations were adjudicated within four (4) years of the date of violation in the instant case.

808.11

Subsections 808.6, 808.7, and 808.8 do not apply to violations of D.C. Official Code § 25-781 and § 25 -783, which establish the penalties for a single violation of either statute and establish graduated penalties for multiple violations of either statute. All other provisions of this subsection apply to § 25 -781 and § 25 -783.

808.12

Each date upon which a violation is committed shall constitute a separate violation.

808.13

When a violation requires multiple instances, a continuous course of conduct, or other ongoing acts to sustain a charge, the date of the violation shall be the last date on which any act related to the violation occurred.

808.14

If multiple secondary tier violations are committed on the same date, they will be counted as one (1) violation for purposes of computing a licensee's violation history.

808.15

If primary and secondary tier violations are committed on the same date, they will be adjudicated separately; a licensee may be found liable for primary and secondary tier violations committed on the same date, and for multiple primary tier violations committed on the same date.

808.16

If the Board suspends a Respondent's license but stays the suspension:

(a) The stay shall commence on the date of adjudication and conclude on the one (1)-year anniversary of that date;

(b) The stay shall be revoked and the suspension imposed upon adjudication of any subsequent violation within the stay period.

808.17

Written warnings, either issued by the Board or by citation, are not counted as violations for computation purposes.

D.C. Mun. Regs. tit. 23, r. 23-808

Final Rulemaking published at 63 DCR 8877 (6/29/2016