D.C. Mun. Regs. tit. 19, § 1530
Urban Apiculture: Administrative Appeals and Judicial Review
Effective Aug 21, 201562 DCR 11540Authority: District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)), Sections 211 and 219 of the Sustainable Urban Agriculture Apiculture Act of 2012, effective April 20, 2013 (D.C. Law 19-262; D.C. Official Code §§ 8-1825.01 and 8-1825.09 (2013 Repl.)), as amended by Title IV, Subtitle B of the Sustainable D.C. Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; 61 DCR 8045 (August 8, 2014)), Mayor’s Order 2015-068, dated February 4, 2015, and Mayor’s Order 2015-191, dated July 23, 2015. Source: Final Rulemaking published at 62 DCR 11540 (August 21, 2015).District of Columbia, Office of the Secretary
1530.1 A person adversely affected or aggrieved by an enforcement action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the OAH, established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; DC official Code §§ 2-1831.01 et seq.), or OAH's successor.
1530.2 The appeal to OAH shall be filed in writing within the following time period:
- (a) Within fifteen (15) calendar days of service of the notice of the action; or
- (b) Another period of time stated specifically in the section for an identified Department action.
1530.3 OAH shall:
- (a) Resolve an appeal or a notice of infraction by:
- (1) Affirming, modifying, or setting aside the Department's action complained of, in whole or in part;
- (2) Remanding for Department action or further proceedings, consistent with OAH's order; or
- (3) Providing such relief as the governing statutes, regulations and rules support.
- (b) Act with the same jurisdiction, power, and authority as the Department may have for the matter before OAH; and
- (c) By its final decision, render a final agency action which will be subject to judicial review.
1530.4 The filing of an administrative appeal shall not in itself stay enforcement of an action except that a person may request a stay according to the rules of OAH.
1530.5 The burden of production in an appeal of an action of the Department shall be allocated to the person who appeals the action, except that it shall be allocated:
- (a) To the Department when a party challenges the Department's denial, suspension, modification, or revocation of a registration;
(b) To the party who asserts an affirmative defense; or
(c) To the party who asserts an exception to the requirements or prohibitions of a statute or rule.
1530.6 The final OAH decision on an administrative appeal shall thereafter constitute the final, reviewable action of the Department, and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.
1530.7 Judicial review of a final OAH decision shall not be done de novo, but shall be a review of the administrative record alone and shall not duplicate agency proceedings or consider additional evidence.
SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015).