3301

BUSINESS AND PROFESSIONAL LICENSING ADMINISTRATION INFRACTIONS

3301.1

Violation of any of the following provisions shall be a Class 1 infraction:

(a) D.C. Official Code § 47-2808 (crying or conducting an auction without a license endorsement);

(b) D.C. Official Code § 47-2814 (possessing explosives without a license; operating a wholesale fireworks business without a license endorsement);

(c) D.C. Official Code § 47-2814 (operating a gasoline dealer business without a license endorsement);

(d) D.C. Official Code § 47-2815 (possessing pyroxlin without a license endorsement);

(e) D.C. Official Code § 47-2817 (operating a hand and power laundry without a license endorsement);

(f) D.C. Official Code § 47-2817 (operating a dry cleaning business without a license endorsement);

(g) D.C. Official Code § 47-2820(a) (operating a motion picture business without a license endorsement);

(h) D.C. Official Code § 47-2820(b) (operating a building in which skating rinks, fairs, carnivals, balls, dances, exhibitions, lectures, or entertainment of any description including theatrical or dramatic performances of any kind are conducted, for profit or gain, including a public hall or an amusement arcade, without a license endorsement);

(i) D.C. Official Code § 47-2821 (operating a bowling alley, billiard parlor or pool hall business without a license endorsement);

(j) D.C. Official Code § 47-2823 (operating grounds used for an athletic exhibition or amusement pack without a license endorsement);

(k) D.C. Official Code § 47-2826 (operating a special event without a license endorsement);

(l) D.C. Official Code § 47-2827 (selling food products without a license endorsement);

(m) D.C. Official Code § 47-2828 (engaging in the business of home improvement contracting without a license endorsement);

(n) D.C. Official Code § 47-2832 (operating a motor vehicle repair business without a license endorsement);

(o) D.C. Official Code § 47-2832.01 (operating a parking establishment business without a license endorsement);

(p) D.C. Official Code § 47-2834 (operating a street or public space vending business without a license endorsement);

(q) D.C. Official Code § 47-2835 (operating as a solicitor without a license endorsement);

(r) D.C. Official Code § 47-2836 (operating a tour guide Class A or Class B business without a license endorsement);

(s) D.C. Official Code § 47-2838 (dealing in dangerous or deadly weapons without a license endorsement);

(t) D.C. Official Code § 47-2839 (operating a private detective business or operating as a private detective without a license endorsement);

(u) D.C. Official Code § 47-2851.02 (engaging in business without a basic business license or proper license endorsement);

(v) D.C. Official Code § 47-2851.03a:

1. operating an automobile repossession business without a license endorsement;

2. operating as a motor vehicle dealer without a license endorsement;

3. operating an employment agency, employer paid personnel service, job listing service, employment counseling service or as an employment counselor without a license endorsement;

4. operating as a home improvement contractor without a license endorsement

5. operating as a motor vehicle sales person without a license endorsement;

6. engaging in the business of, or operating a bed and breakfast inn without a license endorsement;

7. engaging in the business of, or operating an automobile driving school

without a license endorsement; or

8. engaging in the business of, or operating as a pawnbroker without a license endorsement.

(w) D.C. Official Code § 47-2851.03a (engaging in any business activity requiring licensure under D.C. Official Code § 47-2851.03a without a license endorsement);

(x) D.C. Official Code § 47-2853.02 (practicing, attempting to practice, or offering to practice any of the following occupations or professions without a valid license, certificate or registration:

i. Architect;

ii. Asbestos Worker;

iii. Barber;

iv. Certified Public Accountant;

v. Cosmetologist;

vi. Electrician;

vii. Interior Designer;

viii. Land Surveyor;

ix. Operating Engineer;

x. Plumber/Gasfitter;

xi. Professional Engineer;

xii. Property Manager;

xiii. Real Estate Appraiser;

xiv. Real Estate Broker;

xv. Real Estate Salesperson;

xvi. Refrigeration and Air Conditioning Mechanic; or

xvii. Steam Engineer);

1. (y) D.C. Official Code § 47-2883.01 (engaging in the home improvement business without proper bonding);
2. (z) D.C. Official Code § 47-2884.04 (operating as a pawn broker without proper bonding);
3. (aa) D.C. Official Code § 47-2885.19 (selling over-the-counter preparations (patent medicine) without a license);
4. (bb) D.C. Official Code § 47-2887.03(a) (acting as an athletic agent in the District of Columbia without holding a certificate of registration);
5. (cc) Section 6 of the District of Columbia Funeral Services Regulatory Act of 1984, effective May 22, 1984 (D.C. Law 5-84; D.C. Official Code § 3-405(e)) (operating a funeral establishment without a license endorsement);
6. (dd) Section 4 of the District of Columbia Solid Waste Facility Permit Act of 1995, effective Feb. 27, 1996 (D.C. Law 11-94; D.C. Official Code § 8-1053)(operating a solid waste collection business without a license endorsement);
7. (ee) Section 15 of the Veterinary Practice Act of 1982, effective March 9, 1983 (D.C. Law 4-171; D.C. Official Code § 3-514) (engaging in prohibited veterinary acts);
8. (ff) Section 12 of the District of Columbia Funeral Services Regulatory Act of 1984, effective May 22, 1984 (D.C. Law 5-84; D.C. Official Code § 3-411) (engaging in prohibited funeral directing or servicing acts);
9. (gg) Section 7 of the Boxing and Wrestling commission Act of 1975 effective October 8, 1975 (D.C. Law 1-20; D.C. Official Code § 3-606(b)) (engaging or participating in a boxing or wrestling contest, match, or exhibition without a valid license or permit);
10. (hh) Section 6 of the Security and Fire Alarm Systems Regulation Act of 1980, effective Sept. 26, 1980 (D.C. Law 3-107; D.C. Official Code § 7-2805) (operating an alarm dealer and agent business without a license endorsement);
11. (ii) Section 4 of An Act To provide full and fair disclosure of the character of charitable, benevolent, patriotic, or other solicitations in the District of Columbia, approved July 10, 1957 (71 Stat. 279; D.C. Official Code § 44-1703(a)) (engaging in the conduct of charitable solicitation without a certificate of registration); or
12. (jj) D.C. Official Code § 47-2851.03d(a) (operating a business without a

general business license endorsement);

(kk) D.C. Official Code § 47-2851.03d(b) (operating a general contracting or construction management business without a general contractor/ construction manager license endorsement); or

(ll) D.C. Official Code § 47-2832.02 (operating a business without a tire dealer business license).

3301.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) D.C. Official Code § 47-2853.17 (employing an unlicensed person to engage in any occupation or profession that is regulated pursuant to D.C. Official Code § 47-2853.04);

(b) D.C. Official Code § 47-2853.26 (representing to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice any occupation or profession that is regulated pursuant to D.C. Official Code § 47-2853.04);

(c) Employment Services Licensing and Regulation Act of 1984, effective March 13, 1985 (D.C. Law 5-136; D.C. Official Code § 32-401 et seq., except § 32-402(a)) (violation of any provision of the Employment Services Licensing and Regulation Act of 1984, D.C. Law 5-136, or rule issued pursuant thereto, except section 3(a); (D.C. Official Code § 32-402(a));

(d) Automobile Consumer Protection Act of 1984, effective March 14, 1985 (D.C. Law 5-162; D.C. Official Code § 50-501 et seq.) (violation of any provision of the Automobile consumer Protection Act of 1984, or rule issued pursuant thereto).

(e) D.C. Official Code § 47-2832.02(c) and 17 DCMR § 802.1 (storage of more than five hundred (500) waste tires); or

(f) 17 DCMR § 803 (failure to establish and maintain a contractual agreement with a waste tire hauler for the removal of waste tires).

3301.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 17 DCMR § 805 (failure to establish and maintain an emergency plan).

3301.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 17 DCMR § 804 (failure to prepare an annual report).

SOURCE: Final Rulemaking published at 51 DCR 1267 (January 30, 2004); as amended by Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Final Rulemaking published at 56 DCR 3102 (April 24, 2009); as amended by Final Rulemaking published at 60 DCR 15224 (November 1, 2013).