1609 SETTLEMENT AGREEMENTS

1609.1 The terms of a settlement agreement submitted by the parties shall be consistent with District of Columbia law and shall be in compliance with D.C. Official Code §§ 25-446.01 and 25-446.02.1609.2 The Board may initiate a 'Notice to Show Cause Hearing' upon evidence that the holder of a license has violated the material terms of the agreement. Upon a determination that the licensee has materially violated the agreement, the Board may suspend or revoke the license or impose any other penalty authorized by the Act or this title.1609.3 A request to amend a cooperative/voluntary agreement shall be considered by the Board pursuant to the substantial change and notice procedures set forth in D.C. Official Code §§ 25-404 and 25-762.1609.4 Upon finding that a licensee has materially violated certain conditions required by the Board, as authorized by this section, the Board may also fine a licensee pursuant to the range of fines set forth in D.C. Official Code § 25-830.1609.5 The phrase 'cooperative agreement' often used in agreements reached between applicants and protestants that are submitted to the Board for approval shall be considered synonymous with the phrase 'voluntary agreement' and shall have the same meaning in these regulations.1609.6 The phrase 'settlement agreement' found in Title 25 of the D.C. Official Code shall be deemed equivalent to the term 'cooperative agreement', or 'voluntary agreement' used in Title 23 of the D.C. Municipal Regulations.'1609.7 If the Board determines that a settlement agreement submitted by the parties does not comply with all applicable laws and regulations, or otherwise exceeds the Board's expertise to enforce, the Board may condition approval of the settlement agreement on the parties' acceptance of modifications of the agreement proposed by the Board. If the parties reject the modifications proposed by the Board, they may submit a new settlement agreement for Board review that complies with D.C. Official Code §§ 25-446.01 and 25-446.02 and is within the Board's expertise to enforce, or proceed to a protest hearing.1609.8 Settlement agreements must be submitted by the parties to the Board for the Board's consideration no later than ninety (90) days after the execution of the settlement agreement by parties who are signatories to the settlement agreement.

SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by D.C. ACT 15-442 published at 51 DCR 6525 (July 2, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013).