3302.1 Covered employers who fail to offer at least one (1) transportation benefit program to each covered employee as required by Subsection 3301.1 shall be subject to civil fines and penalties, pursuant to Section 302(b) of the Sustainable DC Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; D.C. Official Code § 32-152(b) (2012 Repl. & 2018 Supp.)).

3302.2 The failure to offer at least one (1) transportation benefit program option to each covered employee is a Class 4 infraction pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2016 Repl. & 2018 Supp.)) and 16 DCMR §§ 3200 and 3201. The fines under Class 4 infractions are as follows:

(a) For the first offense, $100;

(b) For the second offense, $200;

(c) For the third offense, $400; and

(d) For the fourth and subsequent offenses, $800.

3302.3 The amount of the fine imposed under Subsection 3302.2 shall be assessed against a covered employer for each covered employee to whom the employer fails to offer at any point during a calendar month at least one (1) transportation benefit program and shall be reassessed for each subsequent calendar month in which such failure continues to exist.

3302.4 The following persons shall be subject to civil fines and penalties pursuant to the Transportation Benefits Equity Amendment Act of 2020, effective January 24, 2020 (D.C. Law 23-113; D.C. Official Code § 32-151 et seq.) and the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq. (2016 Repl. & 2018 Supp.)):

(a) A covered employer who fails to comply with the provisions of § 3307.1;

(b) A covered employer who fails to comply with the reporting requirement in § 3311; or

(c) A covered employee who fails to comply with § 3307.2.

SOURCE: Final Rulemaking published at 66 DCR 10529 (August 16, 2019); as amended by Final Rulemaking

published at 69 DCR 001547 (February 25, 2022).