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District of Columbia Code Division I. Government of District. § 8-1553. Mayoral enforcement authority.

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of section applicable upon the date of inclusion of its fiscal effect in an approved budget and financial plan.>

(a) To protect the health, safety, welfare, or property of individuals or the public from the impacts of ionizing and nonionizing radiation, the Mayor may:

(1) Inspect a facility, operation, machine, or equipment:

(A) Licensed, certified, or registered pursuant to § 8-1552(b) or (c), or pursuant to § 8-1552(d) if licensure, certification, or registration is required by the Mayor through rulemaking;

(B) Possessing or reasonably suspected of possessing a source of ionizing radiation or a nonionizing radiation medical machine or equipment regulated by the Mayor through rulemaking;  or

(C) That is otherwise related to a facility, operation, machine, or equipment under inspection;

(2) Inspect records related to a facility, operation, machine, equipment, or person:

(A) Licensed, certified, or registered pursuant to § 8-1552(b) or (c), or pursuant to § 8-1552(d) if licensure, certification, or registration is required by the Mayor through rulemaking;

(B) Reasonably suspected of needing to be licensed, certified, or registered;  or

(C) Possessing or reasonably suspected of possessing a source of ionizing radiation or a nonionizing radiation medical machine or equipment regulated by the Mayor through rulemaking;

(3) Conduct examinations and tests:

(A) Of sources of ionizing radiation, radioactive material, or radioactive waste regulated by the Mayor through rulemaking;

(B) Of radiation machines or equipment, including nonionizing radiation medical machines or equipment regulated by the Mayor through rulemaking, or facilities where sources of ionizing radiation are used or stored, radiation detection and monitoring instruments, and other equipment and devices used in connection with the utilization or storage of sources of ionizing radiation;  or

(C) To determine exposure to a radiological agent;  or

(4)(A) Seize and impound a source of ionizing radiation, radioactive material, radioactive waste, nonionizing radiation medical machine or equipment regulated by the Mayor through rulemaking, or any part thereof (“radiation product”), if it:

(i) Is in the possession of a person who is not licensed, certified, or registered pursuant to § 8-1552(b) or (d) or is not equipped or qualified by training and experience to possess and operate such radiation product;

(ii) Is an ionizing radiation machine or equipment not registered pursuant to § 8-1552(c) or a nonionizing radiation medical machine or equipment not registered if required by the Mayor through rulemaking;

(iii) Is in the possession or control of a person who fails to comply with the requirements of this chapter or the rules issued pursuant to this chapter;

(iv) Does not comply with the requirements of this chapter or the rules issued pursuant to this chapter;  or

(v) Is being used in violation of this chapter or the rules issued pursuant to this chapter.

(B)(i) Except as provided in sub-subparagraph (ii) of this subparagraph, the Mayor shall provide written notice and an opportunity to be heard for any seizure or impoundment carried out under the authority of this paragraph consistent with the requirements of subsection (b) of this section.

(ii) If the action giving rise to the seizure or impoundment poses an immediate threat to the health, safety, welfare, or property of individuals or the public the notice and hearing procedures described in subsection (c) of this section shall apply.

(b)(1) If the Mayor determines that a radiation product poses a threat to the health, safety, welfare, or property of individuals or the public, the Mayor shall seize, impound, destroy, or otherwise dispose of the radiation product.

(2) Except as otherwise provided in subsection (c) of this section, the Mayor shall provide written notice and an opportunity to be heard to the owner or person in possession or control of a radiation product that is a threat to the health, safety, welfare, or property of individuals or the public before seizing, impounding, destroying, or otherwise disposing of the product.  The notice shall describe the action the Mayor intends to take, the basis for the action, and the right of the respondent to request a hearing.  If the identity of the owner or person in possession or control is unknown, the Mayor may:

(A) Leave such notice with any competent person who is at least 18 years of age;

(B) Post the notice at the location where the Mayor intends to take the prescribed action;  or

(C) Provide notice by any other reasonable means.

(c)(1) If the Mayor determines that a radiation product poses an immediate threat to the health, safety, welfare, or property of individuals or the public, the Mayor shall, without prior notice or opportunity to be heard, seize, impound, destroy, or otherwise dispose of the radiation product.

(2) The Mayor shall provide written notice to the owner or person in control of the radiation product upon seizing, impounding, destroying, or otherwise disposing of the product.  The notice shall include:

(A) A description of the action taken by the Mayor;

(B) The basis for the action;

(C) The right of the respondent to request a hearing;  and

(D) The amount the respondent shall pay pursuant to paragraph (3) of this subsection;  provided, that the Mayor may issue a separate notice to recover the costs and expenses authorized by paragraph (3) of this subsection, or any portion thereof.

(3) The Mayor may recover up to 3 times the cost and expense incurred for taking action to protect the public from the effects and potential effects of a violation of this chapter or a rule issued pursuant to this chapter.

(4) If the identity of the owner or person in possession or control of the radiation product is unknown, the Mayor may:

(A) Leave such notice with any competent person who is at least 18 years of age;

(B) Post the notice at the location where the Mayor took the prescribed action;  or

(C) Provide notice by any other reasonable means.

(5) If, after a hearing, it is determined that the Mayor erroneously seized, impounded, destroyed, or otherwise disposed of the radiation product, the Mayor may be ordered to return the property to the owner or person in possession or control or pay the fair market value of the property if it has been damaged or destroyed.

(d)(1) The Mayor may impose civil fines and penalties for any violation of this chapter, or any rule issued pursuant to this chapter, pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”);  except, that the Mayor may recover up to 3 times the cost and expense of taking action to protect the public from the effects or potential effects of the violation.  Fines and penalties may be imposed for each day that a violation continues.

(2) The adjudication of any fine, penalty, or corrective action imposed under this subsection shall be pursuant to the Civil Infractions Act.

(3)(A) The notice of infraction may require the respondent to take action to correct a violation of this chapter or a rule issued pursuant to this chapter, or to cease conduct that violates this chapter or a rule issued pursuant to this chapter.

(B) If the notice of infraction requires the respondent to take corrective action, the notice of infraction shall, in addition to the information required by § 2-1802.01, include:

(i) A statement that the respondent's conduct violating the act or rule must cease, or that the respondent must take action to correct the violation;

(ii) The date and time by which the respondent must cease the violating conduct or take the corrective action;

(iii) A statement that if the respondent fails to comply with the notice or fails to request a hearing within the stated time, the Mayor may:

(I) Take action to protect the public from the effects and potential effects of the violation;  and

(II) Recover up to 3 times the cost and expense of taking action to protect the public from the effects or potential effects of the violation.

(4) The Mayor may cause to be entered any final order or agency decision issued under this subsection requiring a person to take corrective action or to pay fines, penalties, or costs as a judgment against the person in the Superior Court of the District of Columbia.  The Mayor may enforce the judgment in the same manner as any other civil judgment may be enforced under District law.

(5) Any person adversely affected or aggrieved by a final order of the Mayor issued pursuant to this subsection may, after exhaustion of all administrative remedies, appeal the order to a court of competent jurisdiction.

(e)(1) If the Mayor determines that a violation of this chapter or a rule issued pursuant to this chapter poses an immediate threat to the health, safety, welfare, or property of individuals or the public, the Mayor may issue an immediate compliance order or an immediate cease and desist order without first issuing a notice of infraction or opportunity to be heard, or may seek a temporary restraining order, in order to require a person to correct a violation of this chapter or a rule issued pursuant to this chapter.

(2) A compliance order or cease and desist order issued under this subsection shall be effective upon issuance and shall become final unless the person named in the order requests a public hearing within 72 hours after the order is served.  If requested, the Mayor shall hold a hearing within 15 days from the date the hearing request is received and shall issue a decision no later than 15 days after the hearing.

(3) Notwithstanding § 22-3571.01, any person who fails to comply with a final compliance order or a final cease and desist order issued pursuant to this subsection shall be liable for a civil penalty of not more than $25,000 for each day of noncompliance.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 8-1553. Mayoral enforcement authority. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-8-1553/

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