D.C. Mun. Regs. tit. 31, r. 31-705

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 31-705 - CEASE AND DESIST ORDERS

705.1

If the Office has reason to believe that a person is violating a provision of this title or other applicable law and the violation has caused or may cause immediate and irreparable harm to the public, the Office may issue a cease and desist order requiring the person to immediately, or within a specified period of time, cease the conduct or activity which is allegedly in violation of a provision of this title or other applicable law.

705.2

A cease and desist order shall be in writing in a form prescribed by the Office and shall include:

(a) The grounds for the order, including a citation to the law or regulation that the respondent is violating;

(b) A statement identifying the conduct which the respondent must cease, or the action the respondent must take, in order to correct the violation;

(c) The deadline by which such conduct must cease or such action must be taken. The date and time may be immediately upon service of the order;

(d) A statement that the respondent has a right to request a hearing, in writing, within fifteen (15) calendar days of service of the order.

(e) A statement explaining the process by which the respondent may request a hearing; and

(f) A statement that the respondent's request for a hearing shall not stay, suspend, or delay the effectiveness or enforcement of the order.

(g) A statement of the requirements, terms, and conditions of the cease and desist order, if any..

705.3

Each cease and desist order shall be served and filed in the manner prescribed by § 712.

705.4

Upon receipt of a timely request for a hearing, the Commission, hearing examiner of the Office, or OAH, as designated by the Office, shall conduct a hearing within fifteen (15) calendar days after the date of receipt of the request for a hearing and shall issue a decision within thirty (30) calendar days after the close of the record of the hearing.

705.5

If the respondent does not request a hearing, in writing, within fifteen (15) calendar days after service of the cease and desist order, the Order shall become final and shall incorporate the requirements, terms, and conditions of the cease and desist order.

705.6

A cease and desist order shall be enforced pending a final decision on the merits.

705.7

The following civil fines for failure to comply with a cease and desist order shall apply where no other provision of this title or other applicable law establishes a civil fine for the same conduct, or where another provision of this title or other applicable law establishes a lower civil fine, in lieu of such lower civil fine:

(a) Where an individual fails to timely and fully comply with a cease and desist order: a civil fine not to exceed one thousand dollars ($1,000) per day based on the circumstances; and

(b) Where an entity fails to timely and fully comply with a cease and desist order: a civil fine not to exceed five thousand dollars ($5,000) per day based on the circumstances.

705.8

If a respondent fails to comply with a cease and desist order, the Commission or Office may, through the Office of the Attorney General, petition the District of Columbia Superior Court for injunctive relief, or take any other action authorized by law to enforce compliance with a provision of this title or other applicable law.

D.C. Mun. Regs. tit. 31, r. 31-705

Final Rulemaking published at 61 DCR 6408 (June 27, 2014); amended by Final Rulemaking published at 63 DCR 4078 (3/18/2016)

Authority: Sections 8(c)(7) (14), (15), (16), (17), (18), (19) and 20 m 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(c)(7) (14), (15), (16), (17), (18), (19) (2012 Repl. & 2013 Supp.), 50-329.03 (2012 Repl. & 2013 Supp.).