MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES OF PRACTICE AND PROCEDURE - ABATEMENT COST REQUESTS


Published: 2016-04-29

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2807 ABATEMENT COST REQUESTS

2807.1 Before or after an Administrative Law Judge has issued a final order finding a Respondent liable for a violation of the Litter Control Administration Act, the Government may file a motion to require the Respondent to pay abatement costs. The Government must file the motion, with an itemization, not later than one hundred twenty (120) calendar days after service of a final order.

2807.2 A Respondent may request a hearing on the Government’s motion. The request must be in writing and must be filed within thirty (30) calendar days after the Government serves its motion.

2807.3 If a Respondent timely requests a hearing on the Government’s motion, the presiding Administrative Law Judge shall hold a hearing on the issue of abatement costs, which may be consolidated with any hearing on the violation. If an Administrative Law Judge has held a separate hearing on the violation and found the Respondent liable for the violation, or if the Respondent has admitted liability, or if an Administrative Law Judge has found the Respondent in default, the Respondent may not have another hearing on liability for the violation.

2807.4 If a Respondent does not file a timely request for a hearing on the Government’s motion, the Administrative Law Judge may:

(a) Decide, based on the papers filed, whether the Government is entitled to recover abatement costs and their amount; or

(b) Before deciding the issue, order the Government and the Respondent to appear for a hearing on the issue.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).