Rev.
03/
3
1/
01
ENFORCEMENT
PROCEDURES
1.
Enforcement
and
Compliance
Manual
Department
of
Health
Envirmental
Health
Administration
Lead­
Based
Paint
Abatement
Program
,

APPENDIX
D
Risk
Assessment,
Remediation
&
Certification
Division
Enforcement
&
Compliance
Manual
Prepared
by
The
Office
of
Enforcement,
Compliance
&
Environmental
Justice
Doreen
Thompson,
Chief
Risk
Assessment,
Remediation
&
Certification
Division
Caroline
Burnett,
Legislative
Analyst
July
27,2000
e
I
Risk
Assessment,
Remediation
&
Certification
Division
Enforcement
&
Comdiance
Manual
CONTENTS
I.
PURPOSE
11.
LEGAL
AUTHORITY
A.
APPLICABILITY
B.
ENFORCEMENT
111.
GENERAL
GUIDELINES
FOR
ENFORCEMENT
ACTIONS
A.
INSPECTIONS
1.1
RIGHT
OF
ENTRY
1.10
UNDER
LEAD
BASED
PAINT
ACT
1.11
UNDER
THE
DISTRICT S
HOUSING
CODE
1.2
TYPES
OF
INSPECTIONS
1.20
PROGRAMMED
INSPECTIONS
1.21
INSPECTIONS
RESULTING
FROM
TIPS
AND
COMPLAINTS
1.21
COMPLIANCE
AUDITS/
INSPECTIONS
1.3
APPROACHES
TO
CONDUCTING
INSPECTIONS
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
TRAITS
OF
A
SUCCESSFUL
INTERVIEWER
OR
INTERROGATOR
WHAT
IS
AN
INVESTIGATION
DIFFERENT
TYPES
OF
INVESTIGATIONS
GOALS
AND
OBJECTIVES
OF
INVESTIGATION
WHEN
IS
AN
INVESTIGATION
SUCCESSFUL
REASONS
FOR
A
NOTEBOOK
INVESTIGATOR S/
INSPECTOR S
NOTES
FOR
TESTIFYING
CASE
HISTORY
ACTIVITY
REPORT
RE­
INSPECTION
B.
AUDITS
C.
WARNING
NOTICES
­
NOTICES
OF
VIOLATIONS/
DEFECTS
D.
CEASE
&
DESIST
ORDERS
E.
NOTICE
OF
INFRACTION
F.
PERMITKERTIFICATION
SUSPENSION
OR
REVOCATION
G.
JUDICIAL
RELIEF
IV;
COMPLIANCE
ASSISTANCE
3
DEPARTMENT
OF,
HEALTH
ENFORCEMENT
&
COMPLIANCE
MANUAL
~
~~
~

FOR
LEAD
RISK
ASSESSMENT.
REMEDIATION
&
CERTIFICATION
PROGRAM
I.
PURPOSE
The
goal
of
the
District
of
Columbia s
Lead
Poisioning
Prevention
Division
is
to
ensure
that
through
enforcement
of
the
lead
laws
and
regulations
mandated
to
the
Department
of
Health,
children
under
eight
(
8)
years
of
age
and
other
residents
of
the
District
live
in
an
environment
that
is
safe
of
lead
hazards.

11.
ENFORCEMENT
OF
LEAD­
BASED
PAINT
LAWS
IN
THE
DISTRICT
OF
COLUMBIA
There
are
currently
three
(
3)
laws
and
three
(
3)
regulations,
enacted
by
the
District,
which
regulate
some
aspects
of
lead­
based
paint
in
the
District
of
Columbia.
There
are
also
a
number
of
federal
regulations
regulating
lead
based
paint
disclosure
that
are
applicable
to
the
District
of
Columbia.
Charts
1.1
and
1.2
below
detail
the
District s
laws
and
regulations.
Chart
2
details
federal
regulations.

CHART
1.1
Applicability
of
District
of
Columbia
Lead­
Based
Paint
Laws
and
Regulations
Applicability
of
LawReeulation
The
District s
Housing
Code
the
Lead
Based
Faint
Poisoning
Prevention
Act
of
1983
enacted
by
the
Council,
applies
lead
hazard
prevention
controls
to
owners
of
residential
premises,
as
defined,
in
which
a
child
under
the
age
of
eight
years
resides,
or
is
a
regular
visitor
who
spends
a
substantial
portion
of
his
or
her
time
on
the
premises.
Authority
to
implement
the
lead
specific
provisions
of
the
District s
Housing
Code,
was
transferred
by
Reorganization
Plan
No.
4
of
1996and
Mayor s
Exemption
I
1
Order
97­
42
to
DOH
The
Public
Health
Regulations
(
22
DCMR)
outlaws
the
use
of
lead
based
paint;
The
Public
Property
Lead
Elimination
Act
of
1977
authorizes
lead
hazard
inspection,
analysis
and
repair
of
all
public
buildings
and
publicly
operated
residences
belonging
to
or
in
the
possession
of
the
District
of
Columbia
which
are
regularly
frequented
by
children
under
six
(
6)
years
D.
C.
Code
$
9­
30
The
Lead­
Based
Paint
Abatement
and
Control
Act
of
1996,
as
amendedeffective
April
9,1997
(
D.
C.
Law
11­
221;
D.
C.
Code
9
6­
997.13(
b)
(
1999
Supp.))
regulates
all
lead­
based
paint
activities
as
defined
and
applies
to:
1.
Business
entity
or
individual
who
conducts
a
lead­
based
paint
activity(
D.
C.
Code
6­
997.3)
2.
Business
entity
or
individual
that
undertakes
a
lead­
based
paint
project,
or
provides
training
to
others
who
conduct
lead­
based
paint
activities
2
Lead­
Based
Paint
Abatement
Training
providers,
contractors,
supervisors,
and
workers.

The
Student
Health
Care
Act
requires
a
test
for
blood
lead
level
upon
entry
of
a
student
six
(
6)
years
of
age
into
a
school
or
child­
development
facility
The
Civil
Infractions
Regulations16
DCMR
Chapters
31
and
32,
as
amended
April
21,2000,
defines
the
infraction
classes
and
the
fines
associated
with
each
class
for
violations
of
the
Housing
Code
Title
14,
section
703,
and
D.
C.
Code
Section
6­
997.1
et
seq.

5.
This
Act
exempts
housing
for
the
elderly
or
persons
with
disabilities
unless
any
child
under
the
age
of
8
years
resides
in,
is
expected
to
reside
in
or
regularly
visits
such
housing.
Any
zero
(
0)
bedroom
unit
such
an
efficiency
apartment
or
housing
built
after
1978
is
exempted.
Additionally,
individuals
who
perform
lead­
based
paint
activities
at
residences,
which
they
own
and
occupy,
are
exempted,
unless
a
child
of
eight
(
8)
years
resides
or
is
expected
to
reside
or
regularly
visits
such
housing.

Notarized
statement
that
test
violates
tenets
and
practices
of
Church
or
religion
*
I
CHART
1.2
DOH
Enforcement
of
the
District
of
Columbia
Lead­
Based
Paint
Laws
&
Regulations
Law/
Regulations
District s
Housing
Code
Lead
specific
provisions
The
Public
Health
Regulations
Lead
specific
provisions
The
Public
Property
Lead
Elimination
Act
of
1977
The
Lead­
Based
Paint
Abatement
and
Control
Act
of
1996,

The
Student
Health
Care
Act
Fines/
Pena1ties
The
Civil
Infractions
Regulations
16
DCMR
Chapters
31
and
32,
as
amended
April
2
1,2000,
defines
the
infraction
classes
and
the
fines
associated
with
each
class
for
violations
of
Title
14
Section
703and
D.
C.
Code
Section
9­
997
Et
seq..

The
Civil
Infractions
Regulations
16DCMR
Chapters
31
and
32
as
amended
April
2
1,2000,
defines
the
infraction
classes
and
the
fines
associated
with
each
class
for
violations
of
Title
14
Section
703and
D.
C.
Code
Section
9­
997
Et
seq..

Fine
not
to
exceed
$
100
per
school
year
CHART
2
­

FEDERAL
LEAD­
BASED
PAINT
REGULATIONS
APPLICABLE
IN
THE
DISTRICT
OF
COLUMBIA
Regulations
EPA
&
HUD
Real
Estate
Notification
&
Disclosure
Rule
require
Distribute
the
pamphlet,
Protect
Your
Family
From
Lead
in
Your
Home,
to
housing
owners
and
occupants
before
starting
renovations
or
repairs;
obtain
conformation
of
receipt
of
this
pamphlet
from
owner
and
occupants
(
or
you
may
mail
the
pamphlet
and
obtain
a
certificate
of
Enforced
by
EPA
and
HUD,
Dept
of
Justice
mailing
from
the
post
office),
and
retain
records
for
years.
For
work
in
common
areas
of
multifamily
housing
distribute
notices
to
tenants.

HUI)
Lead­
Based
Paint
Regulations
OSHA
Lead
in
Construction
Standards.

7
111.
GENERAL
GUIDELINES
ENFORCEMENT
ACTIONS
AVAILABLE
A.
INSPECTIONS
B.
AUDITS
C.
WARNING
LETTERS
OR
NOTICES
OF
VIOLATION/
DEFECTS
D.
CEASE
&
DESIST
ORDERS
E.
NOTICE
OF
INFRACTION
F.
LICENSE
SUSPENSION
OR
REVOCATION
G.
JUDICIAL
RELIEF
DETERMINING
WHICH
REMEDY
TO
USE
In
determining
which
remedy
to
select,
the
following
factors
are
to
be
considered:
the
nature
and
severity
of
the
violation(
s),
the
urgency
with
which
the
remedial
activity
must
be
taken,
whether
the
violator
has
taken
good
faith
measures
to
come
into
compliance,
and
whether
the
violation
is
a
repeat
offense.

In
most
cases
good
communication
can
foster
compliance,
and
maintain
goodwill
without
the
need
to
resort
to
the
more
severe
enforcement
remedies,
such
as
Notice
of
Infraction,
or
a
Cease
and
Desist
Order.

To
ensure
that
the
Division
uniformly
imposes
enforcement
penalties
for
violations
of
the
lead­
based
paint
laws
and
regulations,
types
of
violations
are
grouped
into
classes
of
infractions
pursuant
to
the
Civil
Infractions
Act.

When
violations
are
especially
egregious
in
nature
­
in
terms
of
the
threat
of
harm,
or
the
level
of
culpability,
or
both,
the
matter
should
be
considered
for
criminal
investigation.
The
Division
will
determine
whether
to
exercise
its
discretion
to
pursue
a
criminal
investigation
and
where
appropriate
to
refer
the
matter
to
the
Corporation
Counsel
for
a
prosecutorial
determination,
ENFORCEMENT
ACTIONS
INSPECTIONS
1.1
RIGHT
OF
ENTRY
1.2
TYPES
OF
INSPECTIONS
*

1.3
APPROACHES
TO
CONDUCTING
INSPECTIONS
1.1
RIGHT
OF
ENTRY
1.10
Under
Lead
Based
Paint
Act
1.11
Under
the
District s
Housing
Code
1.10
RIGHT
OF
ENTRY
FOR
INSPECTIONS
UNDER
THE
LEAD
BASED
PAINT
ABATEMENT
ACT
Under
the
Lead
Based
Paint
Abatement
Act,
the
Mayor
has
the
right
to
randomly
and
periodically
inspect
any
and
all
lead­
based
paint
activity
in
the
District,
and
inspect
all
pertinent
records,
docu ments,
or
data
compilations
for
the
purpose
of
ensuring
compliance
with
the
Act
(
D.
C.
Code
6­
997.10).
Inspections
may
take
place
at
any
reasonable
time
upon
the
presentation
of
appropriate
credentials.

If
the
Mayor
is
denied
access
to
conduct
an
inspection
in
accordance
with
this
Act,
the
Mayor
may
apply
to
the
Superior
Court
of
the
District
of
Columbia
for
a
search
warrant.
Denial
of
access
to
conduct
an
inspection
is
an
offense
punishable
pursuant
to
D.
C.
Code
6­
997.14.

The
Mayor s
authority
to
conduct
such
inspections
for
lead­
based
paint
violations
has
been
delegated
to
the
Department
of
Health,
pursuant
to
Mayors
orders.
The
Department
of
Health
inspector
may
secure
specimens
of
paint,
plaster,
or
structural
material
to
analyze
or
cause
to
be
analyzed
(
Title
14
DCMR
707.
IO).
The
inspector
may
test
surface
with
an
in
situ
device
(
Title
14
DCMR
707.11)

1.11
RIGHT
OF
ENTRY
FOR
INSPECTIONS
UNDER
THE
DISTRICT S
HOUSING
CODE
The
Mayor
has
the
right,
after
presenting
credentials
to
enter
any
residential
premises
in
which
any
of
the
following
conditions
exist:
I.
A
child
8
years
or
under
resides
at
the
premises
and
there
is
chipped,
peeling
or
flaking
paint.
2.
A
medical
evaluation
completed
in
preceding
60
sixty
days
reveals
an
elevated
blood
lead
level
in
a
child
8
years
or
under.
3.
Any
residential
premises
which
are
in
violation
of
the
Housing
Code
Entry
shall
take
place
with
the
least
disruption
to
occupants.
Permission
of
occupants
must
be
obtained
first
unless
a
warrant
is
obtained
from
the
Superior
Court
pursuant
to
D.
C.
Code
tj
11­
941
­
1.2
TYPES
OF
INSPECTIONS
1.20
PROGRAMMED
INSPECTIONS
1.21
INSPECTIONS
RESULTING
FROM
TIPS
AND
COMPLAINTS
1.22
FOLLOW­
UP
INSPECTIONS
1.20
PROGRAMMED
INSPECTIONS
The
District
of
Columbia s
lead
poisoning
prevention
program
conducts
inspections
to
ensure
compliance
with
applicable
laws
and
regulations.
These
types
of
inspections
are
referred
to
as
programmed
inspections,
and
may
take
the
following
forms;

1.
Random
Inspections
will
be
conducted
on
observation
of
lead
hazards.
The
Mayor
may
inspect
any
residential
premises
where
there
is
reason
to
believe
lead
may
present
a
health
hazard
because
of
the
presence
of
a
child
under
the
age
of
eight
(
8)
years
who
resides
there
or
spends
ten
(
IO)
hours
or
more
there.
(
Title
14
DCMR
707.8)

2.
Inspections
Resulting
from
Referrals
The
primary
source
of
referrals
will
be
from
the
Lead
Poisoning
Screening?
Program,
and
foster
or
child
care
facilities.
This
is
similar
to
tips
and
complaints
(
Title
14
DCMR
707.
IO),
however,
these
referrals
are
expected
and
are
an
integral
part
of
the
program
.
Case
history
and
all
other
supporting
documentation
are
gathered
before
beginning
the
investigation.
The
Department
will
also
target
for
referrals
the
following
segments
in
its
regulated
community:
homeowners,
contractors,
tenants,
and
parents
of
young
children
eight
(
8)
years
and
younger,
chiIdcare
and
healthcare
providers.
.

3.
Inspection
of
Licensed
lead
abatement
projects
(
a)
This
group
will
comprise
the
core
of
the
inspection
list.
The
inspections
will
be
qualitatively
ranked
using
such
tools
as
planned
and
unplanned
activity,
priority
ranking
as
to
seriousness,
imminent
danger,
fatality,
complaint
or
referral.

(
b)
Routine
considerations
will
include:
(
1)
Duration­
one
week
or
more
(
2)
Size
of
Abatement­
square
footage
to
be
abated
(
3)
Structure
to
be
abated:
­
public
housing
­
Private
housing
­
Public
facility
­
Commercial
facility
(
4)
Type
of
Abatement:
­
Soil
disruption
­
Paint
removal
­
Window
replacement
 

1.21
INSPECTIONS
RESULTING
FORM
TIPS
AND
COMPLAINTS
Inspectors
will
conduct
inspections
upon
request
regardless
of
source
to
ascertain
whether
the
premises
contain
lead­
based
paint
hazards.
Requests
may
come
from
the
public
or
private
sector,
in
writing,
by
telephone
or
anonymously.
The
District s
regulations
require
that
the
District
be
notified
within
no
less
than
10
days
before
a
proposed
lead­
based
paint
abatement
project
(
Title
14
DCMR
707.10).
The
process
for
tracking
tips
and
complaints
as
follows:

a.
Talk
with
complainant
to
veri&
activity
and
location
b.
Log
the
tip/
complaint
on
appropriate
form
and
assign
a
number
to
the
complaint
c.
Check
databasekles
for
matching
permit/
application
d.
Conduct
an
inspection
to
determine
that
a
violation
exists
e.
Determine
level
of
priority
f.
Document,
document,
and
document
some
more
1.22
FOLLOW­
UP
INSPECTIONS
Follow­
up
inspections
will
be
conducted
once
a
violation
has
been
determined
to
exist.

The
inspector
will
conduct
follow­
up
inspections
reasonably
and
as
promptly
as
resources
permit.

Except
in
unusual
circumstances,
follow­
up
inspections
will
be
conducted
no
later
than
30
working
days
after
the
latest
abatement.

The
seriousness
of
the
hazard
will
assist
in
determining
the
priority
selection.

/
3
 
1.3
APPROACHES
TO
CONDUCTING
INSPECTIONS
1.30­
TRAITS
OF
A
SUCCESSFUL
INTERVIEWER
OR
INTERROGATOR
1.31
WHAT
IS
AN
INVESTIGATION
1.32
DIFFERENT
TYPES
OF
INVESTIGATIONS
1.33
GOALS
AND
OBJECTIVES
OF
INVESTIGATION
1.34
WHEN
IS
AN
INVESTIGATION
SUCCESSFUL
1.35
REASONS
FOR
A
NOTEBOOK
1.36
INVESTIGATOR S/
INSPECTOR S
NOTES
FOR
TESTIFYING
1.37
CASE
HISTORY
ACTIVITY
REPORT
1.38
RE­
INSPECTION
Traits
of
a
Successful
Interviewer
or
Interrogator
A.
EIGHT
BASK
TWITS
1.
Objectivity:
An
investigator
must
always
be
open­
minded
to
a
subject's
honesty.
Let
the
actions
or
words
of
the
subject
show
otherwise.

2­
Patiencflersevennce:
investigator
must
never
set
a
time
limit
either
mentally
or
verbally
for
an
interview;
thesubject
will
become
aware
that
all
she
must
do
is
outlast
the.
investigator.

3­
Professionalism:
It
is
absolutely
essential
that
an
investigator
make
a
professional
impression.
This
image
equates
with
competency
and
integrity.
For
victims
and
Lritnesses,
this
image
is
reassuring
because
it
allows
them'to
relax
4.
Rapport:
An
investigator
must
be
able
to
frnd
one
or
two
common
reference
points
With
the
subject
It
may
be
common
interests,
common
knowledge,
or
common
experiences.
The
subject
will
then
realize
that
the
investigator
is
not
SO
completely
different
corn
hidher
and
will
be
more
willing
to
open
up.
SinceitY
is
an
integra!
part
of
any
technique.

5­
Ability
to
Change:
An
investigator
must
be
able
to
be
a
"
nice
guy",
and
yet
be
.

firm­
Most
sources
recommend
always
starting
anencounter
with
a
subject
as
a
"
nice
my''
because
the
investigator
can
then
progess
to
an
aggressive
approach
if
it
is
necessary
[
i.
e.
uncooperative
or
hostile
witness],
it
is
almost
&
possible
to
transform
from
anag,
oressive
approach
ro,
a
soft
approach
in
a
way
that
will
be
accepted
by
the
subject
Additionally,
several
studies
have
shown
that
if
an
investigator
is
aggressive
at
thestartof
anencounter,
most
subjects,
(
especially
male
subjects)
will
mirror
that
level
of
aggression
and
escalate
it.

6.
Intelligence:
An
investigator
must
always
be
mentally
one
step
ahead
ofthe
subject
being
interviewed.

7­
Salesmanship:
Duringan
interview,
investigator
is
playing
the
role
of
the
ultimate
salesman.
ne
investigator
mat
convince
the
subject
that
it
is
redly
in
hidher
best
interest
to
cooperate.

8.
Empathy:
An
investigator
must
b.
e
able
to
understand
and
accept
the
behavior
of
others;
this
does
NOT
mean
she
must
approve
of
it.
A
subject
will
not
admit
to
doing
something
wpng
if
the
investigator
indicates
verbdly
or
through
body
language
that
she
disapproves
of
or
Iooks
down
on
the
subject.
I
TRAITS
FOR
WERROGATORS
­
1.
Good
attitude
and
demeanor
­
these
traits
go
together
because
they
go
hand
in
hand­
If
you
have
a
good
attitude
and
sincerely
want
to
be
involved,
it
will
be
reflected
in
your
demeanor
toward
the
person
involved.

2.
Creciibiiity
a.
Be
yourself
b.
Know
your
limitations
3­
Confidence
­
An
investigator
must
be
sure
of
himself.
If
he
isn't,
it
will
show.

4.
Intuition
­
Some
people
canjust
tell
when
somebody
is
lying.

KEY
TRAITS
1.
Good
attitude
and
demeanor
­
These
two
traits
are
important
because
they
form
the
foundation
for
all
other
traits.
Nothing
is
more
readily
apparect
than
a
bad
attitude.

2.
Rapport
­
This
is
critical
because
without
this
interaction,
it
is
impossible
to
even
attempt
an
interrogation.
This
usually
occurs
in
an
office
setting,
but
sometimes
it
doeinot.

3.
Salesmanship
­
If
the
subject
has
any
reservations,
this
is
what
convinces
him
to
confess.
It
is
crucial
to
the
interrogation.
Through
your
attitude
and
demeanor,
you
must
develop
a
rapport
with
the
person
being
interrogated,
before
salesmanship
can
work.
i
WHAT
ISAN
I
NVESTlGATlON
i
BLACICS
LAW
DICTIONARY)
A
STEP
BY
STEP
PATIENT
INQUIRY
OR
OBSERVATION
TO
TRACE
OR
TRACK;
TO
SEARCH
INTO;
TO
EXAMINE
AND
INQUIRE
INTO
WITH
CARE
AND
ACCURACY
TO
FIND
OUR
BY
CAREFUL
INQUISITIONOR
EXAMINATION;
A
LEGAL
INQUIRY.

1
0
AN
INFORMATION
GATHERING
PROCESS
I
I
1
~~~~

DIFFERENT
TYPES
OF
INVESTIGATIONS
I
REACTIVE
0
PROACTIVE
TECHNIQUES
OF
INVESTlGATfON
0
OCISCRVATION
0
INTERVIEWS/
INTERROCITIONS
DOCUMCNTATION
COLLECTION
OF
EVIDENCE
1
GOALS
AND
OBJECTIVES
OF
INVESTIGATION
0
SAFETY
AND
PROTECTIONOF
THE
PUBLIC
0
ERlNGlNG
BUSINESSESINTO
COMPLIANCE
0
CITING
VIOLATORS
0
PRESENT
SUFFICIENT
EVIDENCE
TO
SUBSTANTIATEVIOLATION
TO
THE
PROPER
HEARING
OR
COURT
I
1
WHEN
IS
AN
INVESTIGATION
SUCCESSFUL?

0
ALL
AVAlUBU
PMYSICAL
EVIDENCE
WAS
COYCIlZHnY
HANDLED.

0
ALL
IMl'EUiGEMTLY
INTERVIrmCD.

0
THE
SUSPECT,
IF
WILLING,
EFFECTIVELY
INTCRROGATED.

0
ALL
LEADS
PROPE!
RLY
DMELOPID.
nit
CUE
COMPREHENSIVELY,
CLURLY
AND
ACCURATELY
REPORTED.

t
o
REPOSITORY
FOR
DETAILS
0
DETAILS
MAY
BE
IMPORTANT
0
TO
TRIGGER
FUTURE
RECALL
0
PRELIMINARY
BASIS
FOR
FUTURE
REPORT
0
DOCUMENTATION
FOR
COURT,

I
I
ENTRY
INTERVIEWS
I
8
IDENTlPlCATlON
AND
PURPOSE
8
SAME
QUESTIONS
I
CONSISTENTLY
SEPARATE
INTERVIEWEES
I
EVIDENCE
e
e
INDICATEON
SKETCH
e
wHosLuLD1wc
WIDCWCC!
I
U&
N
or
CUSTODY
I
PRELIMINARY
ENTRIES
0
DATE
/
TOUR
OF
DUTY
0
VEHICLE
I
PARTNER
0
WEATHER
ASSIGNMENTS
LOCATlON
COMHAINANT
IDENTIPICATION
6
INTERVIEW
TIME
OF
ARRIVAL
INITIAL
OBSERVATION­

LOCATION
0
DESCRIPTION/
TYPE
OF
BUSINESS
0
OBSERVATIONS
a.
Paoph
b.
Vohickr
e.
Lighting
0
WHERE
YOU
PARKED
I
I
1
I
1
INTERVIEW
1
LOCATION
ANXIETY
0
COMFORTABLE
SETTING
AVOID
INTERRUPTIONS
PURPOSE
OF
lNTERVIEW
a
IDENTlFlCATiOW
OF
lNTT~­
t
0
ANSWER
QUESTIONS
"
Om
a
I
0
START
WITH
OPEN
QUESTIONS
0
USETHClR
TERMINOLOGY
STATE
QUESTIONS
IN
siwu
TERMS
1
0
BE
CONSISTENT
e
CORROBORATE
OTHER
WITNESSES
0
IDENTIFY
AND
LOCATE
EVIDENCE
I
0
ASK
QUESIYONS
YOU
AL­
DY
KNOW
me
ANSWER
0
AVOID
LEADING
QUUTlONS
0
AVOID
CONTRACTED
WORDS
1
1
l
CANVASSING
­

SEARCH,
INTERVIEW
OR
80lW
0
TIMELINESS
0
INTERVIEWS
0
SEARCHES
,

I
KNVESTIGATOR S/
INSPECTORSNOTES
FOR
TESTIFYING
A.
RESPONDENT SATTITUDE
HelpWCooperative
IndifferenWnresponsive
HostilelAggressive
ViolenVForceful
B.
TYPE
OF
ACTION
Complaint
Inspection
Re­
inspection
Survey
Othff
C.
EVIDENCE
How
long
hasviolation
existed?
UnknOWn
Less
than6
months
6
months
to
1
year
1
t02years
More
than3
years
0
0
Cl
a
n
o
0
0
0
cl
a
0
0
0
F.
THE
HEARING
PROCESS
Did
you
inform
the
respondent
howto..
.?

Admit
and
pay
fine
Admit
w/
explanation
(
adjudicate
by
mail)
Deny
and
request
a
hearing
Answer
in
person
Respond
within
15
days
Provide
Statements
or
Witnesses
G.
HEARINGINFORMATION
DATE
TIME
a.

E .
WITNESSES
INFORMATION
NAME
ADDRESS
PHONE
NAME
ADDRESS
PHONE
NAME
ADDRESS
PHONE
I.
STATEMENT
Did
respondent
make
a
statement?
Yes
0
No
n
n
0
0
0
0
0
.
D.
FIELD
CONTACT
INFORMATION
UnknOWn
0
First
Encounter
0
Second
Encounter
0
Third
Encounter
0other
a
E.
NOTIFICATIONTO
RESPONDENT
Need
Licensflermit
a
ApplylRenew
LicensePermit
D
CeaseDesist
Activity
0
RepairEix
0
Other
0
F.
PREVIOUSVIOLATIONS
Checked
for
previous
violations
or
inftactions
at
this
site
or
by
this
respondent?
L
ADDITIONALCOMMENTS
&
NOTES
(
Including
statements
of
respondent
or
witnesses)

Yes
U
No
0
Personally
cl
Otherofficial
0
Violation
Date
Violation
Date
Violation
Date
Violation
Date
In
Reference
to
(
Notice
of
Infraction
Number)
Date
RECORDING
AND
SCHEDULING
INSPECTIONS
a.
Upon
receipt
of
a
referral
the
inspector
will
conduct
research,
using
the
Lusk
Directory,
Haines
Directory,
DFR
automated
database
or
the
Washington
Post
directory
of
homeowners
(
internet)
to
determine
ownership
of
the
premise
that
is
suspected
of
having
lead­
based
paint
hazards.
(
If
the
information
is
not
found
in
the
resources
identified,
contact
the
Recorder
of
Deeds
to
request
this
information.)
b.
After
identifying
ownership
of
the
premise,
create
a
record
by
recording
the
following
information;
1.
Case
No
2.
Date
Received
3.
#
Street
4.
Quad
5.
Child
(
under
8
years)
6.
Telephone
7.
Owners
name
8.
Owners
Address
9.
Owners
Agent
(
if
applicable)
c.
Create
a
File
jacket
for
all
documents
and
notes.
d.
Report
referral
to
Supervisor
for
a
priority
level
for
the
scheduling
of
an
inspection.
e.
Once
an
inspection
date
has
been
determined,
contact
the
owner
or
responsible
party
to
schedule
the
inspection.
Provide
the
owner
with
the
name
and
telephone
number
of
the
inspector.
Record
the
name
of
the
person
contacted,
and
the
date
and
time
of
the
contact.
f.
Make
at
least
three
attempts
to
contact
the
owner
or
responsible
party.
If
all
attempts
fail,
send
an
ATTEMPT
TO
INSPECT
NOTICE.
CASE
HISTORY
ACTIVITY
REPORT
a.
The
inspector
should
create
a
case
history
to
record
all
activity
on
a
particular
case
including
the
pertinent
activity
from
the
initial
complaint
(
if
applicable),
the
initial
inspection,
personal
service/
certified
mailings,
reinspections,
and
contacts
with
contractors,
tenants
etc.
.
b.
Entries
should
be
made
as
soon
as
possible
after
an
action
was
taken.
c.
Notes
taken
should
be
as
complete
as
possible.
Include
for
example:
1.
Address
and
unit
number.
2.
Names
and
contact
information
of
all
potential
witnesses
3.
Describe
in
detail
the
deficiency/
violation.
4.
Describe
the
degree
or
extent
of
the
violation.
5.
Note
any
substitutions/
alternatives
etc
in
use.
d.
Do
not
issue
any
violation
unless
personally
observed.
e.
On­
site
inspections
must
be
conducted.
f.
Record
notes
in
ink.

Some
Questions
That
You
May
Be
Asked
in
Court
1.
The
date
of
the
inspection?
2.
The
type
of
violation
observed?
3.
To
what
degree
do
the
violations
exist?
4.
The
seriousness
of
the
violations?
5.
Was
the
inspection
partial
or
complete?
6.
What
area
of
the
premises
did
you
inspect?

RESPONSIBLE
PARTY
Violation
notices
shall
only
be
addressed
to
the
person
or
company
who
is
the
responsible
party
under
the
regulation
or
law.
Where
it
is
determined
that
the
owner
is
the
responsible'party
serve
the
order:
1.
Directly
on
the
owner,
if
the
owner
is
a
resident
of
the
District
of
Columbia.
The
owner
through
a
D.
C.
agent
or
representative
when:
a.
2.
The
owner
is
a
non­
resident
A
company,
agent
or
representative
has
requested
in
writing
that
our
notices
be
sent
to
them
rather
than
the
owner.
b.

3.
The
licensee
directly.
4.
The
D.
C.
Agent
or
representative
directly
(
resident
manager)
Note:
When
the
name
is
a
name
of
a
company,
the
order
must
be
served
on
an
official
of
the
company
or
organization.
Inspectors
will
gather
information
sufficient
to
establish
the
responsible
party.
Where
the
responsible
party
is
a
corporation,
only
the
corporation
itself,
and
not
any
of
its
officers
will
be
considered
the
responsible
party.
5.

6.
7.
REINSPECTION
Reinspection
of
premises
for
which
there
are
pending
violations
is
imperative.

Violations
cannot
be
considered
abated
without
reinspection.
Unabated
items
cannot
be
referred
for
enforcement
action
unless
it
has
been
verified
that
the
violations
still
exist
and
efforts
at
compliance
have
not
been
made.

As
a
result
of
reinspection:

a.
Place
an
 
A 
(
abated)
in
front
of
the
number
of
the
item
or
condition
on
the
deficiency
list
of
the
inspection
report
that
has
been
abated.

b.
Indicate
those
conditions
on
the
deficiency
list
that
has
been
partially
corrected.

c.
Attempt
to
contact
the
responsible
person
to
ascertain
the
reason
for
noncompliance
andor
to
verify
receipt
of
orders;
1.
Telephone
the
responsible
person.
If
unable
to
contact
during
working
hours,
telephone
in
the
evening,
early
morning,
or
on
weekends.
Record
the
essentials
of
the
call
and
how,
where
and
when
to
contact
the
responsible
person
in
the
future.
2.
Try
personally
contacting
the
responsible
person
during
reasonable
hours.

d.
Take
the
following
action
if
the
responsible
person
is
contacted:
1.
If
a
valid
reason
is
given,
recommend
an
additional
reasonable
time
for
compliance.
2.
In
the
absence
of
a
valid
reason
for
non­
compliance,
proceed
with
a
notice
of
infraction.

e.
Add
record
of
the
reinspection
report
to
the
case
history/
file.
***
GOVERNMENT
OF
THE
DISTRICT
OF
COLUMBIA
Department
of
Health
Environmental
Health
Administration
­

­

Risk
Assessment
Remediation
and
Certification
Program
51
N
Street,
N.
E.
3'*
Floor
Washington,
D.
C.
20001
RE:
Attempt
To
Inspect
Premises
For
Lead­
Based
Paint
Hazards
Dear
Several
attempts
have
been
made
to
contact
you
to
schedule
an
inspection
of
the
above
referenced
address.
According
to
the
District
of
Columbia
Municipal
Regulations,
Title
14,
Section
707.3
"
the
owner
of
any
residential
premises
in
which
there
resides
a
child
under
the
age
of
eight
(
8)
years
or
to
which
a
child
under
the
age
of
eight
(
8)
years
is
a
regular
visitor
who
spends
a
substantial
portion
of
his
or
her
time
in
the
premises,
shall
maintain
the
interior
and
exterior
surfaces
of
the
residential
premises
free
of
lead
or
lead
in
its
compounds..
.
in
any
quantity
sufficient
to
constitute
a
hazard
to
any
resident..".

Accordingly,
,
a
child
who
resides
in,
or
regularly
visits
the
premise
has
been
found
to
have
an
elevated
lead
level
in
his
or
her
blood.
To
ensure
the
future
health
and
safety
of
the
child,
we
would
like
to
determine
whether
the
child's
elevated
lead
level
was
a
result
of
lead­
based
paint
hazards
in
your
premise.
Please
contact
the
Risk
Assessment,
Remediation
and
Certification
Program
of
the
Department
of
Health
at
202
535
2690
within
three
(
3)
working
days
from
the
date
of
this
notice
to
arrange
for
an
inspection.

Failure
to
contact
this
office
will
result
in
the
issuance
of
civil
and
or
criminal
fines
and
penalties.

Sincerely,

Richard
N.
Brewster
Program
Manager
51
N
Street,
N.
E.,
Third
Floor,
Washington,
D.
C.
20002
TEL
(
202)
535­
2690
FAX
(
202)
5351423
AUDITS
Audits
will
be
performed
and
conducted
on
the
following:

(
a)
Randomly
selected
non­
inspected
abatement
projects.

(
b)
Risk
Assessments
projects.

(
c)
Training
facilities
for:

1
Too
few
hours
of
teaching
2
Failing
to
meet
minimum
hours
3
Failure
to
include
hands­
on
activities
4
Not
following
training
manuals
5
Not
having
training
manuals
available
to
students.

.
Inspectors
will
conduct
follow­
up
audits
reasonably
and
as
promptly
as
resources
permit.
WARNING
LETTERS­
NOTICES
OF
VIOLATION/
DEFECT
Inspectors
may
issue
a
notice
of
violations
(
NOV)
or
defect
on
a
case­
by­
case
basis
when
justice
would
be
best
served.
(
Title
14
DCMR
707.14).
Notices
should
be:

(
a)
Issued
with
a
ten
(
10)
day
period
for
compliance.
Thirty
(
30)
day
extensions
may
be
allowed
when
requested
(
Title
14
DCMR
707.7)

(
b)
Require
that
the
violator
take
corrective
action
to
come
into
compliance
(
Title
14
DCMR707.4).

(
c)
State
the
type
and
nature
of
the
corrective
action
depending
upon
the
specific
violation.
(
Title
14
DCMR
707.4)

(
d)
Require
that
action
is
taken
by
a
certain
date
and
that
proof
of
its
completion
is
submitted
promptly
(
Title
14
DCMR
707.6)

Notices
of
Violations/
Defects
may
first
be
issued
for
violations
of
Title
14,
Section
703.3
SEE
ENFORCEMENT
PROCESS
CHARTS
GOVERNMENT
OF
THE
DISTRICT
OF
COLUMBIA
Department
of
Health
Environmental
Health
Administration
***
Risk
Assessment,
Remediation
and
Certification
­
CERTIFIED
MAIL
July
27,
2000
Dear:

A
recent
inspection
of
the
premises
referenced
was
made
by
a
representative
of
the
Department
of
Health,
Lead
Poisoning
Prevention
Division.
This
Notice
is
to
inform
you
that
the
items
listed
below
are
in
violation
of
District
of
Columbia
Municipal
Regulation
­
Title
14
9707.3.
Accordingly,
you
are
hereby
ordered
to
correct
the
following
violations:

IMPORTANT:
See
reverse
side
for
instructions.

LEAD­
BASED
PAINT
(>
0.7
mg/
cm2)
HAS
BEEN
FOUND
ON
THE
FOLLOWING
INTENOR
SURFACES
W
A
QUANTITY
SUFFICIENT
TO
CONSTITUTE
A
HEALTH
HAZARD.

Room*:
­

Front
Porch
Back
Porch
Bedroom
1
CornDonent
Ceiling
Column
Door
Jamb
Threshold
Window
Sill,
Window
Casing,
Radiator,
Baseboard
and
Door
Casing
51
N
Street,
N.
E..
3'
d
Fluor,
Washington,
2oOf)
2
'
IM,
(
202)
535­
2690
FAX
(
202)
535­
1423
30
ENFORCEMENT
PROCESS
CHARTS
FOR
OFFICE
OF
ENFORCEMENT,
COMPLIANCE
&
ENVIRONMENTAL
JUSTICE
Chart
No.
1
Enforcement
Procedure
beginning
with
INSPECTIONS
LEADING
TO
THE
ISSUANCE
OF
A
LETTER
OF
DEFECT/
NOTICE
OF
VIOLATION
SPECT
TI
ON
1­
pGZGij­­­­­­+
pol
Inspector
LETTER
OF
DEFECT/
NOTICE
OF
VIOLATION/
CEASE
OR
DESIST
Respondent
to
cease
&
Desist
and/
or
Correct
violation
in
a
reasonable
period
of
time
InspectWAttorney
v
APPEA
PENALTIES
REFERRAL
TO
OCC
for
Criminal
Enforcement
\
f
L
FEDERAL
REFERAL
LEGISLATIVE
PENALTY
l­
7
PROCESS
(
SeeTask
F)
CIVIL
INFRACTION
,
CIVIL
INFRACTION
ENFORCEMENT
PROCEDURES
CHART
2
NO
v
lolation,

Violation
NOTICE
OF
INFRACION
FINE
AND
CORRECTIVE
Fail
to
answer
notice
within
15,

1
calendar
days
ACTION
PLAN
I
If
Answer
If
Fine
not
paid
HEARING
BEFORE
ADMIN.
LAW
ADMIT
JUDGE
OR
ATTORNEY
EXAMINER
Finding
of
Infraction
c
\?
fiiding
of
In4action
WRITTEN
ORDER
SETTING
FORTH
FINDINGS
OF
FACT,
CONCLUSIONS
If
respondent
fails
to
pay
fines
penalties
or
costs
In
accordance
with
Admin
Judge
or
Attorney
Examiner s
Order
JUDGE
OR
EXAMINER
MAY
SUSPEND
ANY
PERMIT
OR
LICENSE
UNTIL
COMPLIANCE
m
Na
FURTHER
ACTION
f
AMOUNT
OF
CIVIL
FINE
FOR
INFRACTION
AND
SERVE
2
NO1
Fail
to
answer
SECOND
NOTICE
WITHIN
15
CALENDER
DAYS
I
Failure
to
rep1J
DEFAULT
PENALTY
HEARING
ASSESS
PENALTY
EQUAL
TO
TWICE
AMOUNT
OF
CIVIL
FINE
FOR
INFRACTION
MAYOR
MAY
CAUSE
TO
BE
ENTERED
ANY
FINAL
ORDER
REQUIRING
RESPONDENT
TO
PAY
FINES,
PENALTIES
OR
COSTS
AS
A
JUDGEMENT
AGAINST
THE
RESPONDENT
IN
THE
CIVIL
DIVISION
OF
THE
SUPERIOR
COURT
33
CEASE
AND
DESIST
ORDERS
1.1
Format
1.2
Cease
and
Desist
orders
will
be
issued
on
the
recommendation
of
the
program
Manager
and
executed
by
the
Director
of
the
Department.
The
following
is
the
format
for
Cease
and
Desist
Orders:

CEASE
&
DESIST
ORDER
Legal
Authority
I
This
Order
is
issued
pursuant
to
The
District
of
Columbia
Lead­
Based
Paint
Abatement
and
Control
Act
of
1996
(
Act),
D.
C.
Law
11­
221,
D.
C.
Code
4
6997.1
et
seq.,
which
provides
at
section
6­
997
that
upon
inspection,
if
the
Mayor
has
reason
to
believe
that
there
has
been
a
violation
of
the
Act,
the
rules
and
regulations
issued
pursuant
to
the
Act,
or
a
threat
to
human
health,
the
public
welfare,
or
the
environment,
the
Mayor
may
issue
a
cease
and
desist
order.
Pursuant
to
the
Reorganization
Plan
No
4
of
July
17,1996,
The
Mayor s
authority
under
the
Act
was
delegated
to
the
Director
of
the
Department
of
Health
(
DOH).

Action
in
Violation
of
District
Laws
Notice
of
Further
Proposed
Adverse
Action
Failure
to
comply
with
this
Cease
and
Desist
Order
as
stated
herein
may
result
in
penalties
as
prescribed
in
D.
C.
Code
9
6­
997.12
and
9
6­
997.13
of
the
Act.
DOH
reserves
the
right
to
institute
action
against
individual
and
to
initiate
further
action
against
contractor,
including
seeking
injunctive
relief
andor
imposing
fines
for
any
past
or
future
violations.

Notice
of
Right
to
Appeal
.

Pursuant
to
D.
C.
Code
9
6997.11
of
the
Lead
Based
Paint
Abatement
Act
of
1996
(
D.
C.
Law
11­
221)
you
have
the
right
to
appeal
this
Order
within
fifteen
(
15)
days
to
the
Office
of
Adjudication
and
Hearings,
825
North
Capitol
Street,
NE,
Washington,
D.
C.
20002,
telephone
202­
442­
9
101.
However,
you
are
required
to
comply
with
this
Order
pending
appeal.

3Y
NOTICE
OF
INFRACTION
Violations
may
be
subject
to
civil
penalties
pursuant
to
the
schedule
of
fines
listed
in
Title
16
DCMR,
Chapter
32.
Notices
of
Infractions
(
NOI)
may
be
issued
after
the
period
for
compliance
or
the
extension
for
the
period
to
come
into
compliance
of
the
notice
of
violations
or
defects
has
expired.
NO1
may
be
issued
for
violations
of
the
Lead­
Based
paint
and
Control
Act
without
a
prior
NOV.

1.1
Completing
Notice
of
Infraction
Form
1.2
Completing
Notice
of
Infraction
Supplemental
Form
1.3
Completing
Summary
Motion
for
Dismissal
of
Charges
Form
1.4
Completing
Document
and
Witness
List
Form
1.5
Completing
Response
to
Admit
with
Explanation
Form
1.6
Completing
Lost
or
Missing
Ticket
1.8
Discussion
of
Bi­
Weekly
Docket
and
Tracking
Log
1.9
Discussion
of
Civil
Infractions
Schedule
1.1
COMPLETION
AND
PROCESSING
NO1
FORM
1.
The
NO1
has
a
detailed
description
of
the
infraction.
Blank
Notices
of
Infraction
are
issued
on
a
quarterly
basis
to
each
bureau.
Call
OAH
for
additional
NO1
issued
in
packages
of
25.

a.
Infraction
date
and
time
must
be
collected
for
each
infraction
listed
on
NOI.

b.
Allows
for
two
citations.

c.
Date
of
Infraction/
Infraction
Determined
(
mandatory)

d.
Issuing
authority
will
be
EHA,
the
Bureau­
BHMTS
and
the
division
RARCP.

e.
Date
of
Service­
leave
blank
to
be
completed
by
EHA
office
of
Compliance
&
Enforcement
when
the
notice
is
sent
out
by
certified
mail.
Receipts
of
certified
mail
will
be
maintained
by
the
Office
of
Enforcement
and
made
available
to
the
inspector
as
part
of
case
preparation
if
a
hearing
is
requested.

f.
Date
of
Service
must
be
completed
if
NO1
issued
in
the
field.

g.
Business/
Company
name,
address
and
phone
number
(
mandatory)

h.
Ward
Number(
not
mandatory)
insert
Ward
if
known
i.
Respondent s
full
name,
addresses,
and
phones
number­
provide
for
information
purposes
only
if
during
the
course
of
inspection
you
spoke
with
a
responsible
Party.
j.
Use
1''
NO1
and
2"
dNO1
fields
to
help
identify
the
status.

2.

3.
k.
I.
D.,
Business
License
and
Permit
License
are
in
separate
boxes.
Information
can
be
obtained
from
DCRA
permit/
license
posted
or
from
DCRA
itself.

Date
of
Hearing.
You
are
responsible
for
issuing
a
preliminary
hearing
date
for
the
NOI.
a.
Hearing
blocks
of
approximately
11/
2
hours
in
length
are
set
aside
and
are
subdivided
into
segments
ranging
from
30
minutes
to
two
hours.
b.
Hearing
dates
are
scheduled
approximately
60
days
from
the
date
of
issuance
of
NO1
to
account
for
possible
scheduling
conflicts
and
the
issuance
of
second
NO1
as
necessary.
c.
Inspectors
will
generally
have
court
on
the
same
day
of
the
week.

The
Bureau
of
Hazardous
Material
and
Toxic
Substance
has
28
hearing
blocks
available.
Hearings
are
scheduled
for
Wednesdays.
Mondays
and
Fridays
are
used
for
overflow
and
special
cases
and
for
court
administration
(
writing
of
orders,
mail
adjudication,
review
of
case
materials,
etc.)

The
D.
C.
Code
and
D.
C.
Municipal
Regulation
are
on
the
same
line
(
mandatory)
Inspectors
should
cite
the
Code
and
/
or
regulation
under
which
the
infraction
arises.
Citation
forrn
must
be
D.
C.
Code
X­
XXX.
X
and/
or
DCMR
XXX.
X.

4.
If
the
infraction
arises
under
a
regulation,
inspectors
must
cite
the
regulation
(
XX
DCMR
XXX.
X)
and
may
also
cite
the
D.
C.
Code.
If
the
infraction
arises
under
a
regulation,
it
is
not
sufficient
to
cite
only
the
D.
C.
Code.
If
the
infraction
arises
directly
from
the
D.
C.
Code
and
not
from
a
regulation,
the
D.
C.
Code
should
be
cited.

5.
Penalty
space
distinguishes
penalties
for
second
notices
resulting
from
default
(
no
response)
Respondents.

6.
Fine
amount
will
be
$
500
(
Class
2)
or
$
100
(
Class
3)
$
50
(
Class
3),
(
mandatory).

7.
Total
fines
(
Mandatory)

8.
Signature
line
on
bottom
of
page
requires
Inspector
(
mandatory)
and
the
Respondent
if
personally
served
to
sign
and
print
their
names.
Signature
is
merely
an
acknowledgement
of
receipt
of
notice
not
an
admission
of
liability.

9.
Issue
the
NO1
in
person
or
mail
by
certified
mail.
You
are
to
provide
a
copy
of
the
NO1
to
the
respondent,
keep
a
copy
for
your
records;
transmit
a
copy
to
the
OAH
and
transmit
a
copy
to
the
Office
of
enforcement
&
Compliance.

10.
The
Respondent
has
15
days
within
which
to
respond
to
the
notice.
a.
The
Respondent
has
three
options
for
responding:
pay
the
fine
and
certify
that
corrective
actions
have
been
taken
to
abate
the
lead
hazard,
admit
with
an
explanation
or
deny
and
request
a
hearing.
b.
Failure
to
respond
within
the
prescribed
time
may
result
in
further
enforcement
actions
which
may
include
re­
inspection
and
additional
enforcement
actions.
Infraction
1
1.
If
respondent
admits
with
an
explanation,
the
OAH
issues
an
order
transmitting
a
copy
of
the
respondent s
explanation
to
which
the
DOH
may
respond;

12.
If
respondent
requests
a
hearing;
the
OAH
will
issue
an
order
scheduling
the
hearing
and
requiring
that
DOH
submit
a
document
and
witness
list
within
10
days
of
the
hearing
date.

13.
If
respondent
fails
to
respond
within
15
days,
the
OAH
issues
an
order
requiring
you
to
issue
a
second
NOI,
which
must
comply
with
steps
1­
9
above.
DOH
must
serve
a
second
NOT
on
a
defaulting
respondent
before
a
case
can
proceed
to
judgement
and
thus
closure
and
collection
(
D.
C.
Code
6­
2712(
f).
Due
process
requires
that
this
be
done
in
a
timely
manner
(
21
Days
after
notice
from
docket
clerk).

14.
If
respondent
fails
to
respond
to
the
second
NOI,
OAH
issues
a
default
order
and
hearing
to
which
it
will
require
that
DOH
submit
evidence
of
service
of
the
NO1
and
also
any
evidence
in
support
of
its
case.
The
Respondent
is
also
given
an
opportunity
to
appear
at
this
hearing
and
present
hidher
case
1.2
USE
OF
NOTICE
OF
INFRACTION
SUPPLEMENTAL
FORM
Supplemental
Form
allows
six
additional
citations
to
be
made:

1.
The
pre­
printed
number
on
the
original
notice
of
infraction
must
be
written.
2.
Inspector s
signature
and
badge
number
mandatory.

1.3
USE
OF
WITNESS
AND
DOCUMENT
LIST
FORM
1.4
USE
OF
MOTION
FOR
DISMISSAL
OF
CHARGES
FORM
1.
Notice
of
Infraction
Number
(
Mandatory)
That
is
the
preprinted
number
on
the
original
notice
of
Infraction
found
in
the
upper
right
hand
corner.
Name/
TitIe
(
Mandatory)
name
of
inspector/
investigator
include
badge
number
2.
3.
Office
Administration(
mandatory)
EHNBHMTSMCP
4.
Respondents
full
name
or
Business
name
and
phone
number(
mandat0ry)

37
5.
Check
appropriate
box
(
Mandatory)
a.
Dismissal
Charge­
pertains
to
one
or
more
of
the
charges
cited,
e.
g.
issued
wrong
citation
code,
dollar
value
etc.
An
explanation
is
necessary.
b.
Suspend
all
fines­
the
entire
Notice
of
Infraction
is
suspended.
An
explanation
is
required.
c.
Partial
fine
reduction­
pre­
negotiated
settlement
agreement
where
the
respondent
has
agreed
to
do
a
supplemental
environmental
project
in
addition
to
paying
a
lesser
fine.
E.
g.
Construction
Company
applied
for
a
permit
within
48hours
after
notification
that
he
was
in
violation.
An
explanation
is
required.

­
1.5
EXPLANATION
OF
OFFICE
OF
ADJUDICATION
1.

2.

3.

4.

5.

6.
AND
HEARING
DOCKET
SHEET
Office
of
Adjudication
Docket
Sheet
will
be
forward
on
a
bi­
weekly
basis
to
.

Bureau
Chiefs
and
Divisions
on
a
docket
and
tracking
log.
Open
cases
are
listed
in
alphabetical
order
sorted
by
bureau,
Division
and
Inspector.
If
a
case
is
listed
as
open
and
deny
plea
entered,
then
the
inspector
andor
attorney
must
appear
on
the
scheduled
hearing
date
and
time.
If
a
case
is
postponed,
or
disposed
of
just
prior
to
a
hearing
date,
the
OAH
will
contact
the
Bureau
chief
or
Division
by
phone
and/
or
fax.
If
a
case
status
is
listed
as
closed
or
fine
ordered,
or
default
order
then
no
action
or
appearance
is
required
by
any
enforcement
personnel
unless
the
status
later
changes.
N/
A
in
the
hearing
datehime
denotes
that
a
no
hearing
is
scheduled
at
this
time
and
no
action
needs
to
be
taken
by
enforcement
unless
requested
by
OAH.
The
OAH
has
not
received
a
reply.
When
informed
by
OAH
the
inspector
will
issue
a
second
NO1
with
the
fines
doubled.

1.7
SERVICE
OF
NOTICE
1.
2.

3.

4.
Do
not
issue
verbal
orders
on
any
violations.
Orders
should
be
mailed
to
the
address
of
the
owners.
Building
and
loan
associations
are
not
the
owners
and
should
not
be
mailed
the
notices.
Contact
them
for
the
names
of
the
owners.
Serve
the
order
on
a
responsible
person.
a.
Personal
Service.
When
safety
permits,
notices
should
be
served
while
at
the
premises
(
the
same
day
the
violations
are
observed)
Certified
Mail
service
will
be
used
if
personal
service
can
not
be
made
safely
on
the
same
day.
NOTICE
OF
INFRACTION
DISTRICT
OF
COLUMBIAGOVERNMENT
DEP~
TMENT
OF
HEALTH
Issuing
Authority:
A.
EHAD
B.
LRAO
C.
PHSAO
D.
Other0
Bureau
Division
(
identify)

I
I
Date
of
Inhctionlhfraction
Determined
Place
of
Infraction
(
Street
Address)

RusinesdCompany
Name
Respondent's
Full
Name
(
Last,
Fmt,
Mddle)

Respondent's
Skeet
Address
Respondent's
City
State
Notice
No.

I
I
Date
NO1
Issued
OAM
OPM
Time
of
Mactiodnkaction
Determined
Ward
Number
Telephone
Number
TelephoneNumber
Zip
Code
Picture
I
D
0Yes
0No
II
D
Form
and
No
Respondent's
Soc
Sec
No
(
Optional)
­­
Bus
Lic
Rerrmt
Type
Bus
LicIPemtNo
­.

D
C.
Code
Nature
of
Infraction
Kcpeat
Offender
Prior
1:

ADMIT
0
DENY
Signature
D.
C.
Code
Nature
of
Infraction
Repeat
Offender
Prior
1:

ADMIT
u
DENY
0
Signature
D.
C.
Municipal
Regulation
Fine
Amount
$

Prior
2:
Prior
3:
Prior
4:

ADMIT
WTII
EXPLANATION
0
D.
C.
Municipal
Regulation
1
Fie
Amount
$

Prior
2:
Prior
3:
Prior
4:

ADbfIT
WITH
EXPLANATION
0
Total
fine
amount
due
for
infraction(
s)
$

'
39
NOTICE
OF
INFRACTION
NO1
No.
SUPPLEMENTAL
INFR.
4CTTON(
S)
FORM
DISTRICT
OF
COLUMBIA
GOVERNMENT
DEPARTMENT
OF
HEALTH
INSTRUCTIONS:
This
form
b
used
in
conjunction
with
the
issuance
of
the
Notice
of
Infraction
(
NO9
noted
above.
Below
are
the
additional
infractions
with
which
you
have
been
charged
You
may
respond
to
these
infractions
by
following
the
instructions
provided
on
the
back
side
of
the.
Notice
of
Infraction
(
NO9
issued
to,
you.
Your
total
amount
due
is
noted
on
the
front
side
of
the
Notice
of
Infraction
(
NO0
issued
to
you
and
includes
all
of
the
infractions
listed
D.
C.
Code
D.
C.
Municipal
Regulation
D.
C.
Code
D.
C.
Municipal
Regulation
D.
C.
Me
D.
C.
Municipal
Regulation
Nature
of
Infiaaion
Repeat
Offender
Prior
1:
Rim
2:
Priw
3:
Rim
4:

ADMIT
0
DENY
a
ADMIT
WITH
EXPLANATION
o
SIGNATURE
D.
C.
Code
D.
C.
Municipal
Regulation
Nature
of
Infiaction
Repeat
Offender
Prior
1:
Prior
2:
Prior
3:
Prior
4:

D.
C.
Code
D.
C.
Municipal
Regulation
D.
C.
Code
D.
C.
Municipal
Regulation
I
I
Nature
of
Infraction
.
Kspcst
Offender
Prior
1:
Prior
2:
Prior
3:
Prior
4:

.
ll)
MiT
I
I
I)
I<
NY
[
I
ADMIT
WITH
E.
YPLA&
ATION
0
SIGNATURE
I
Fine
Amount
$

Fine
Amount
$

Fine
Amount
$

Fie
Amount
$

Fine
Amount
$

Fine
Amount
$

I
I
I
pmimally
observed
and/
or
determined
that
the
infiaction(
s)
charzed
above
have
been
committed
and
served
this
Notice
in
accordance
with
law
n.;
pe~
tor's/
Investigator'sSignahre
BadgdIdenlification
Number
I
lici
ihs
.
icknowIedgc
receipt
of
this
Notice
of
Inhdion
I<
i.~~
i~~
iiclcni
s
Signature
Date
CERTIFICATE
OF
SERVICE
GOVERNMENT
OFTHE
DISTRICT
OFCOLUMBIA
The
undersigned
declares
that
he
or
she
is
over
I8
years
of
age
and
personally
served
a
hue
copy
Of
hS
notice
on:

0Respondent
0Respondent s
agent
or
0A
person
over
the
age
of
16,
who
residesor
is
employed
at
the
last
known
home
or
business
addressof
the
respondent
or
the
respondent s
agent.

Time
and
Date
Name
of
Business
Served
(
if
applicable)

Name
of
Person
Served
Street
Address
of
BusinessPerson
Served
City,
State,
Zip
The
undersigned
herein
best
describes
the
person
served
as
follows:

Gender
OMale
0Female
Age
0
16­
20
years
L7
21­
35
years
U
36­
SO
years
051­
65
years
0Over
65
years
Hair
0Black
U
Dark/
Brovm
0LighVBlonde
0Gray/
White
0Red
0Balding
Height
0Under
5 
05 ­
5 
6 
0S T ­
S lI 
06 
0  ­
6 
6 
0Over
6 
6 
Skin
CompleGon
0African
her.
0
AsianRacific
0fispanic
0Wte
0Unknow
Other
(
PleaseSpecify)

0Mailed
or
caused
to
be
mailed
a
true
copy
of
this
notice
to
the
last
know
homehusiness
address
of
the
respondent
or
respondent s
agent.

Name
of
Business
Served
(
if
applicable)

Name
of
Person
Served
Street
Address
of
BusinessPerson
Served
City,
State,
Zip
 
fie
undersigned
further
states
that
he/
she
is
an
employee
of
the
Government
of
the
District
of
Columbia,
the
Bstrict
of
Columbia
Department
of
Health
(
DOH)
or
one
of
its
authorized
agents
and
knows
this
Certificateof
Service
to
be
true
to
the
best
of
his/
her
knowledge.

Date
ofiMa1ing
Mailer s
Name
and
Signature
(
if
different
from
inspector)

Inipector s/
lnvestigator sSignature
Pnnt
Name
t3adge/
Identification
Nurntw
GOVERNMENT
OF
THE
DISTRICT
OF
COLUMBIA
OFFICE
OF
ADJUDICATION
AND
HEARINGS
825
North
Capitol
Street,
N.
E.
Washington,
DC
20002
Summary
Motion
For
Dismissal
of
Charge(
s)
or
Reduction
of
Fine
TO
BE
COMPLETED
BY
REQUESTING
DOH
BIFFICIAL:
Notice
of
Infraction
(
NOI)
Number:

Narnenitle
O  ice/
Administration
Respondent's
Full
Name
(
First
Mddle,
Last)
or
Business
Name
Date
of
Infraction
CHECK
THE
APPROPRIATE
BOX:

Dismiss
Suspend
All
Partial
Fine
Charge
0
Fines
Reduction
0
Please
indicate
the
charge(
s)
originally
cited,
proposed
suspensions
or
reductions
of
fines
and
an
explanation
to
jus*
the
action
being
sought
E.
uplanation
must
include
the
original
fine@)
cited
and
the
amended
total
to
be
collected.
Attach
additional
explanation
as
needed.
NewRevised
NO1
Issued?
0
Yes
0No
NO1
Number
Date
Issued
D.
C.
Code
Nature
of
Miaction:
Explanation:

D.
C.
Code
Nature
of
Infraction:
Explanation:
D.
C.
Municipal
Regulation
Fine
S
D.
C.
Municipal
Repulation
Fine
$

Total
Fines
(
Originally
Cited)
New
Total
Fines
(
Proposed)

Approval:

Dcprrty
Director/
Burcau
ChietiEnforcement
Attorncv
Pnnt
Name
Date
SO
ORDERED:
GRANTED
0
DENIED
U
Administntive
Law
Judge
Date
­­
­­
LOST
OR
MISSING
TICKET
DISTRICT
OF
COLUMBIA
GOVERNMENT
DEPARTMENT
OF
HEALTH
INSTRUCTIONS:

This
form
may
be
used
to
report
the
loss
of
a
Notice
of
Infraction
(
NOI),
Notice
of
Violation
(
NOW
or
other
charging
document
issued
by
the
Department
of
Health.
~

Please
complete
the
information
below
to
the
best
of
your
knowledge.
Failure
to
complete
this
information
accurately
may
delay
the
processing
of
this
form
resulting
in
a
default
order
or
judgment
being
issued
against
you.

Filing
of
this
form
within
15
days
after
you
were
issued
a
Notice
of
Infraction
(
NOI),
Notice
of
Violation
(
NOV)
or
other
charging
document
issued
by
the
Department
of
Health
enables
the
Administrative
Law
Judge
to
waive
the
assessment
of
a
late
response
penalty.

Once
you
have
completed
the
information
below,
sign
at
the
bottom
and
fill
in
the
date.

Submit
this
form
and
a
Lost
Ticket
Fee
of
$
20.00
to
the
Infraction
Clerk.

YOU
will
be
notified
by
mail
of
the
charges
pending
against
you
and
the
options
available
to
YOU
for
responding
to
them.

I
I
Date
of
InfractionNiolatiodCharge
Place
of
Infraction
(
Street
Address)

BusinesdCompany
Name
Respondent s
Full
Name
(
Last,
First,
Middle)

Respondent s
Street
Address
Ward
Number
Telephone
Number
Telephone
Number
Respondent s
City
State
Zip
Code
Respondent s
SOC.
See.
Number
(
Optional)
­.
Bus.
License/
Permit
Type
Bus
License/
Permit
Number
For
Additional
Information
Call
202­
442­
9091
1
hereby
acknowledge
that
all
information
is
true
and
correct
to
the
best
of
my
knowledge:

S
13II
;
I
t
LI
re
Date
GOVERNMENTOFTHE
DISTRICT
OFCOLUMBIA
Office
of
Adjudication
and
Hearings
***

Docket
Sheet
Summary
Sorting
Cases
are
listed
in
alphabetical
order
sorted
by
Bureau,
Division
and
Inspector.
­

Resoondent
Information
­
NOinformation
available
for
the
name
of
the
Respondent
­
individual
or
bitsinas.

Case
Status
~"
­
Action
may
be
needed
by
enforcement
officials,
Government
cowsel,
or
Respondents.
This
includes
cases
in
which:
1)
pleas
have
not
yet
been
rcccived;
2)
hearing
have
been
sclieduled
but
not
yet
taken
place;
and
3)
OAH
is
wuillng
for
document,
such
as
responses,
motions,
etc.

pE"
c
­
The
case
is
in
the
disposition
phase
and
is
awaiting
information
such
as
motions
and
other
documents
to
be
submitted
by
the
Respondents
or
the
Government.
Action
to
be
taken
is
detailed
in
the
latest
Order(
s)
in
the
case
2'
d
AWYCE
­
Indicates
whether
a
2d
Notice
of
lnfraction
(
NOI)
has
been
issued
for
a
Respondents
who
fail
to
respond
to
the
first
NO1
within
the
statutory
time
period
The
case
for
this
NO1
is
appended
by
the
new
NOI.

H.
fVI?
ORDERED
­
The
Respondents
have
been
ordered
to
pay
a
fine.
Case
is
OPEN
pending
receipt
of
final
payment.

cLoS?
3­
NO
action
is
needed
by
enforcement
officials
The
case
has
been
dismissed.
or
payment
has
been
received
(
if
applicable)
and
the
case
is
dosed.
p.
IC:

Atarine
Dntoime
X
­
Hearing
is
not
applicable
for
one
of
the
following
reasons:
1)
Respondcnts
have
entered
a
plea
of
 
Admit
with
Explanation 
and
requested
adjudication
by
mail;
2)
Respondents
have
not
responded
in
the
statutory
time
period
and
has
been
defaulted;
3)
A
fine
has
been
ordered
in
the
case,
4)
A
final
decision
or
other
motions
are
pending,
or
5)
Case
has
been
CLOSED
BRACKETS
1
/
­
Indicate
tentative
hearing
datedtimes
for
cases
in
which
the
Respondents
have
not
yet
entered
their
pleas.

Noie
­
Ifa
case
isposponed
or
diqwsed
ofjust
prior
to
ahearing
date,
OM
will
contact
the
Bureau
or
Division
Chief
by
phone
ancVorfaK
to
befvllowed
by
an
Order.

I
ADMIT
­
Respondents
have
accepted
liability
for
the
charges
and
must
pay
all
applicable
fines.
The
Respondents
may
or
may
not
have
acknowledged
that
tfie
conditions
that
led
to
the
inktion
or
violation
have
been
corrected.

ADMIT
W/
EXP.
­
Respondents
have
admitted
the
infraction
or
violation
but
has
submitted
an
explanation
detailing
the
circumstances
for
the
non­
complinnce
and
requested
a
reduction
or
suspension
of
the
fine(
s).
Adjudication
will
be
handled
by
mail
only.
Enforcement
officials,
through
counsel,
are
permitted
to
respond
to
the
explanation
provided
by
the
Respondent
detailing
the
events
that
occurred
and
the
Govornment s
position,
if
any,
on
those
events.

DENY
­
Respondents
have
denied
the
charge(
s)
and
has
requested
n
hearing.
Enforcement
official
and/
or
attorney
must
appear
before
OAH
on
the
scheduled
hearing
date
and
time.

DEFAULT
­
The
Respondents
have
not
submitted
a
response
to
the
NO1
or
other
charging
document
and
have
been
found
in
default
and
may
be
liable
for
statutory
penalties.

(
I),(
Z),
etc.
­
If
an
NO1
or
other
charging
document
has
more
than
one
charge
listed,
­

each
of
the
Respondents 
pleas
are
noted
using
(
I),
(
2),
et
cetera.
Respondent s
charges.

InfractiooNioiationCharneb)
The
same
applioR
to
the
(
l),(
Z),
etc.
­
If
an
NO1
or
other
charging
document
has
more
than
one
charge
list
ad,
it
is
noted
in
this
field
using
(
I),
(
Z),
et
cetera.
The
same
applies
to
the
Respondents 
pleas
on
those
charges.
iiili
ir
Ii
iI
,.
I..
GOVERNMENT
OF
THE
DISTRICT
OF
COLUMBIA
Department
of
Health
Office
of
Adjudication
and
Hearings
825
North
Capitol
Street,
NE,
Suite
5
100
Washington,
D.
C.
20002
DISTRICT
OF
COLUMBIA
DEPARTMENT
OF
HEALTH
Petitioner
V.
Case
File
NO.
XXXXXXXX
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX
Respondent
PETITIONER'S
LIST
OF
DOCUMENTS
AND
WITNESSES
In
response
to
the
Judge's
Order
dated
XXXXX
XX,
2000
and
received
on
XXXXX
XX,

2000,
Petitioner
hereby
files
the
following
list
of
documents
to
be
submitted
as
evidence
in
the
above
referenced
case
Description
of
Document
DOH
1
of
DOH
2
of
DOH
"

DOH
DOH
DOH
Date
ADD
MORELINES
IF
NEEDED
/
DELETE
WHAT
YOU
DO
NOT
USE
The
Petitioner
hereby
submits
the
following
list
of
witnesses
to
be
called
in
the
above
­

referenced
case.

Witness
Name
and
Address
Title
3.

ADD
MORE
LINES
IF
NEEDED
/
DELETE
WHAT
YOU
DO
NOT
USE 
I
hereby
certify
that
on
XXXX
XX,
2000,
a
copy
of
the
foregoing
Petitioner s
List
of
­

Documents
and
Witnesses
wasdelivered
to
the
parties
listed
below
in
the
manner
indicated.

District
of
Columbia
Department
of
Health
Office
of
Adjudication
&
Hearing
825
North
Capitol
Street,
NE,
Suite
5100
Washington,
D.
C.
20002
­
by
mail
Received
by:
byfax
­
byhand
TO
RESPONDENTS:(
Name
&
Address)

­
by
mail
by
fax
­
by
hand
­
by
Received
by:

Petitioner s
Name
and
Address
Served
by:
Approved:
Dated:
Title
District
of
Columbia
Department
of
Health
Office
of
Enforcement,
Compliance
&
Environmental
Justice
5
1
N
Street,
NE,
Suite
6036
Washington,
D.
C.
20002
Attention:
Doreen
Thompson
by
mail
___
by
fax
­
by
hand
Received
by:

mail
by
fax
­
by
hand
Received
by:

~
GOVERNMENT
OF
THE
DISTRICT
OF
COLUMBIA
DEPARTMENT
OF
HEALTH
Office
of
Adjudication
and
Hearings
Motion
for
Continuance
(
Request
to
Re­
Schedule
Hearing)

CASE
NUMBER:

CASE
NAME
(
RESPONDENT):

HEARING
DATE
TO
BE
CHANGED:

PROPOSED
HEARING
DATERIME:

.
REASON
FOR
CHANGE:

REQUESTING
OFFICIAL S
NAME:

SIGNATURE:
Badge
#
Telephone
50
I
CERTFICATE
OF
SERVICE
I
hereby
certify
that
a
copy
of
the
foregoing
Motion
for
Continuance
was
delivered
to
the
­
parties
listed
below
in
the
manner
indicated.

District
of
Columbia
Department
of
Health
Office
of
Adjudication
&
Hearing
825
North
Capitol
Street,
NE,
Suite
5
100
Washington,
D.
C.
20002
­
by
mail
­
by
fax
­
by
hand
District
of
Columbia
Department
of
Health
Office
of
the
General
Counsel
825
North
Capitol
Street,
NE,
4'
Washington,
D.
C.
20002
Attn:
NanReiner,
Esq.
Acting
General
Counsel
­
by
mail
­
by
fax
­
by
hand
Respondent:
F1.
District
of
Columbia
Department
of
Health
Health
Regulation
Administration
825
North
Capitol
Street,
NE,
2nf
F1.
Washington,
D.
C.
20002
Attn:
Carmen
Johnson,
Esq.

­
by
mail
­
by
fax
­
byhand
District
of
Columbia
Department
of
Health
Office
of
Enforcement,
Compliance
&
Environmental
Justice
5
1
N
Street,
NE,
Suite
6036
Washington,
D.
C.
20002
Attention:
Doreen
Thompson,
Chief
­
by
mail
­
by
fax
­
by
hand
­
by
mail
­
by
fax
­
byhand
Served
by:
Approved
by:
Program
Manager
Dated:
GOVERNMENT
OF
THE
DISTRICT
OF
COLUMBIA
Department
of
Health
Office
of
Adjudication
and
Hearings
825
North
Capitol
Street
N.
E.,
Suite
5100
Washington,
D.
C.
20002
DISTRICT
OF
COLUMBIA
DEPARTMENT
OF
HEALTH
Petitioner
:
CaseNo.
V.

Respondent
PETITIONER S
LIST
OF
DOCUMENTS
AND
WITNESSES
In
response
to
the
Judge s
Order
dated
and
received
on
,
Petitioner
hereby
files
the
following
list
of
documents
and
witnesses
to
be
submitted
in
the
above­
captioned
case:

Description
of
Document
Date
1.

2.

Witness
Name
and
Address
Title
1.

Respectfully
submitted,

Dated:
1
A.
CERTIFICATE
OF
SERVICE
1
hereby
certify
that
a
copy
of
the
foregoing
Petitioner s
List
of
Documents
and
Witnesses
was
delivered
to
the
persons
listed
below
in
the
manner
indicated:

District
of
Columbia
Department
of
Health
Office
of
Adjudication
and
Hearings
825
North
Capitol
Street,
N.
E.
Suite
5100
Washington,
D.
C.
20002
­
by
mail
­
by
fax
­
by
hand
­

Received
by:

TO
RESPONDENTS:
(
name
and
address)
District.
of
Columbia
Department
of
Health
Office
of
Enforcement,
Compliance
SL
Environmental
Justice
51
N
Street,
NE
Room
6036
Washington,
D.
C.
20002
Attention:
Doreen
Thompson
by
mail
­
by
fax
­
by
hand
Received
by
:

­
by
mail
­
by
fax
­
by
hand
­
by
mail
­
by
fax
­
by
hand
Received
by:
Received
by:

Served
by:

Petitioner s
Name
and
Address:

Approved:
Title:
SCHEDULE
OF
FINES
CLASSES
OF
INFRACTIONS
Class
1
Infraction­$
1000
for
the
first
offense
Infractions
that
result
from
flagrant,
fiaudulent
or
willful
conduct
or
unlicensed
activity,
or
that
are
imminently
dangerous
to
the
health,
safety,
or
welfare
of
persons
within
the
District
of
Columbia.

Class
2
Infraction­$
500
for
the
first
offense
(
a)
Failure
to
obtain
certification
before
conducting
a
lead­
based
paint
activity
(
b)
Failure
to
obtain
a
permit
before
conducting
lead­
based
paint
abatement
(
c)
Providing
training
to
others
for
lead­
based
paint
activities
without
accreditation
(
d)
Applying
lead­
based
paints
or
glazes
to
a
surface
(
e)
Selling
offering
for
sale,
delivering,
transferring,
or
possessing
with
intent
to
sell,
deliver
or
transfer
an
article
intended
for
use
by
children
that
has
lead­
based
paint
or
glaze
applied
(
f)
Failure
to
obtain
accreditation
for
each
training
course
or
review
course
offered.

Class
3
Infraction­$
100
for
the
first
offense
Violation
of
record
keeping
requirements
6­
997.8
Class
4
Requirement­$
50
for
the
first
offense
Violation
of
any
provision
of
the
Lead
­
Based
Paint
Abatement
and
Control
Act
of
1996,
D.
C.
Law
11­
221
that
is
not
cited
elsewhere
in
this
section
shall
be
a
Class
4
infraction.
USE
OF
MULTIPLE
REMEDIES
The
use
of
multiple
remedies
depends
on
the
facts
and
circumstances
of
each
case.
Each
requirement
of
the
actkegulation
is
a
separate
and
distinct
requirement
from
other
requirements.

Violations
include
but
are
not
limited
to:
a.
Permitting
an
unlawful
quantity
of
lead
to
be
present
on
an
interior
or
exterior
surface
of
a
residential
premise.(
Title
16
DCMR
3226.
l(
x))
b.
Failure
to
work
with
proper
authorization(
D.
C.
Code6­
997.4)
16
DCMR
3240.2.
C.
Failure
to
employ
certified
persons
(
D.
C.
Code
6­
997.5(
b))
16
DCMR
3240.1
(
a)
d.
Failure
to
notify
department
of
scheduled
lead­
based
paint
activity(
D.
C.
Code
6997.4)
16
DCMR
3240.2.
e.
Failure
to
obtain
a
lead
abatement
permit
(
D.
C.
Code
6­
997.7(
a))
16DCMR
3240.1(
b)
f.
Failure
to
submit
a
work
plan
(
D.
C.
Code
6­
997.8(
a))
16DCMR
3240.2.
g.
Applying
lead­
based
paint
or
glaze
to
a
surface
(
D.
C.
Code
6­
997.3(
b))
16
DCMR
3240.1fD)
h.
Failure
to
obtain
certification
before
conducting
lead­
based
paint
activity
@.
C.
Code
6­
997.5(
b))
16
DCMR
3240.1(
b)

1.
Providing
training
to
others
for
lead­
based
paint
activities
without
accreditation
(
D.
C.
Code
6­
997.6(
a)(
3))
16
DCMR
3240.
l(
c)
j.
Applying
Lead­
based
paint
or
glaze
to
a
surface
(
D.
C.
Code
6­
997.3(
b))
16
DCMR
3240.1
(
d)
k.
Selling,
offering
for
sale,
delivering,
transferring,
or
possessing
with
intent
to
sell,
deliver,
or
transfer
an
article
intended
for
use
by
children
that
has
lead­
based
paint
or
glaze
applied
(
D.
C.
Code
6­
997.3(
c))
16
DCMR
3240.1(
e)
1.
Failure
to
obtain
accreditation
for
each
training
course
or
review
course
offered
(
D.
C.
code
6­
997.6(
a))
16
DCMR
3420.1
(
f)
m.
Record
keeping
requirements
(
D.
C.
Code
6­
997.6(
a))
16
DCMR
3240.2
n.
Provisions
of
D.
C.
Code
6­
997
(
D.
C.
Law
11­
221)
not
cited
elsewhere
16
DCMR
3240.3
DRAFT
Notice
Pleadings
for
major
violations
will
be
developed
based
on
the
following
draft
gravity
based
penalty
system.
We
are
likely
to
enforce
these
through
settlement
negotiations
and/
or
enforced
in
conjunction
with
EPA.

Gravity
Based
Penalty
for
Ma­
ior
Civil
Violations
Under
the
Gravity
Based
Penalty
(
GBP)
approach
a
violator
can
generally
pay
the
maximum
civil
penalty
for
the
following
type
of
violations:

(
1)
If
a
child
under
six
(
6)
with
an
elevated
blood
lead
level
is
present
in
housing
where
notification
has
not
been
provided,
or
(
2)
Where
a
previous
order
to
abate
lead
hazards
has
been
ignored
by
the
responsible
party.

(
3)
Where
it
has
been
determined
that
a
pregnant
woman
or
child
under
six
years
of
age
has
been
exposed
to
lead
based
paint
or
its
hazards.

Penalties
may
be
reduced
where
lead­
based
paint
is
present
but
no
pregnant
woman
or
child
under
six
lived
in
the
housing
during
the
period
of
non­
compliance.

In
cases
where
information
relevant
to
proposing
an
appropriate
penalty
cannot
be
obtained
before
issuing
the
Notice
of
Violation,
and
there
are
nonetheless
reasons
for
proceeding
with
the
enforcement
action
DOH
may
proceed
with
a
Notice
Pleading.
That
is,
pleading
'
up
to
the
statutory
maximum
amount
'
for
each
violation
alleged.
This
notice
pleading
would
not
eliminate
the
need
to
make
a
definite
penalty
proposal
but
would
postpone
it
until
full
information
is
known
about
the
case.

Assessing
the
Gravity­
Based
Penaltv
for
Notice
Pleadings
The
Gravity­
Based
Penalty
is
determined
in
two
stages:

1.
The
first
stage
is
the
determination
of
a
GBP.
Gravity
refers
to
the
overall
seriousness
of
the
situation
by
considering:

a.
The
nature
of
the
violation.

b.
The
circumstance
of
the
violation­
the
probability
of
harm
or
human
health
risk
c.
The
extents
of
harm
that
may
result
from
a
given
violation­
the
degree,
range,
or
scope
of
the
violation.
For
example,
whether
serious,
or
significant,
or
lesser
exposure
to
lead­
based
paint
hazard
exists;
or
whether
a
pregnant
woman
or
a
child,
under
six
years
is
affected.
2.
The
second
stage
involves
the
upward
or
downward
adjustments
to
the
gravity­
based
penalty.
Adjustments
to
the
penalty
amount
are
made
by
considering
factors
including:

a.
The
violators
ability
to
pay/
ability
to
continue
in
business
b.
History
of
prior
violations
C.
Degree
of
culpability­
depends
on
violator s
knowledge
of
and
degree
of
control
of
violation.
Such
other
factors
as
justice
may
require­
no
known
risk
of
exposure
to
lead­
based
paint
hazard,

d.
Attitude.
Cooperation,
immediate
steps
taken
to
comply
with
the
Act
and
early
settlement
will
reduce
penalty
e.
Voluntary
compliance.

57
PERMIT/
CERTIFICATION
SUSPENSION
OR
REVOCATION
The
Mayor
may
after
notice
and
opportunity
for
hearing,
suspend,
revoke,
modify
or
refuse
to
issue,
renew,
or
restore
a
certificate,
permit,
or
accreditation
issued
to
protect
the
public
health,
safety
or
welfare,
if
the
Mayor
finds
that
the
applicant
(
6997.10):

I.
Failed
to
comply
with
any
provision
of
the
Act
or
rule
issued
2.
Misrepresented
facts
relating
to
a
lead­
based
paint
activity
to
a
client
or
customer
3.
Made
a
false
statement
or
misrepresentation
material
to
the
issuance,
modification,
or
renewal
of
a
certificate,
permit,
or
accreditation
4.
Submitted
a
false
or
fraudulent
record,
invoice,
.
or
report
5.
As
a
trainer
provider,
or
as
an
instructor,
provided
inaccurate
information
or
inadequate
training
6.
Had
a
history
of
repeated
violations
7.
Had
a
certificate,
permit
or
accreditation
denied,
revoked
or
suspended
in
another
state
or
jurisdiction
Approval
of
any
lead
training
course
may
be
withdrawn
for
any
of
the
following
reasons
(
6­
997.5):

a.
The
school,
instructors
or
courses
no
longer
meet
the
standards
established
by
the
Department
of
Health.
b.
Field
inspectors
indicate
an
approved
individual,
business,
agency,
institution
or
sponsor
is
not
conducting
the
training
that
meets
the
requirements
as
set
forth
in
the
District
of
Columbia's
regulations
or
the
EPA
Model
Accreditation
Plan.
Training
course
providers
shall
permit
Department
of
Health
and
Industry
Representatives
to
attend,
evaluate
and
monitor
any
training
course.
Prior
notice
of
attendance
by
agency
representatives
may
or
may
not
be
given.
c.
Training
course
providers
who
do
not
notify
the
Department
of
Health
at
least
(
5)
five
days
prior
to
the
start
of
all
training
courses.
d.
Fraudulently
obtaining
accreditation.
e.
Failure
to
pay
the
fee.

If
the
approval
of
a
training
course
is
revoked
or
suspended,
the
Department
will
promptly
notify
the
individual
business,
agency,
institution,
or
sponsor
of
the
reason
for
suspension
or
revocation.

57
Procedures
for
suspension,
revocation
or
modification
of
training
program
accreditation.

(
1)
Prior
to
taking
action
to
suspend,
revoke,
or
modify
the
accreditation
of
a
training
program,
the
District
of
Columbia
shall
notify
the
affected
entity
in
writing
of
the
following:

(
i)
The
legal
and
factual
basis
for
the
suspension,
revocation,
or
modification.

(
ii)
The
anticipated
commencement
date
and
duration
of
the
suspension,
revocation,
or
modification.

(
iii)
Actions,
if
any,
which
the
affected
entity
may
take
to
avoid
suspension,
revocation,
or
modification,
or
to
receive
accreditation
in
the
future.

(
iv)
The
opportunity
and
method
for
requesting
a
hearing
prior
to
final
District
of
Columbia
action
to
suspend,
revoke
or
modify
accreditation.

(
v)
Any
additional
information,
as
appropriate,
which
the
District
of
Columbia
may
provide.

(
2)
If
a
hearing
is
requested
by
the
accredited
training
program,
the
District
of
Columbia
shall:

(
i)
Provide
the
affected
entity
an
opportunity
to
offer
written
statements
in
response
to
the
District
of
Columbia's
assertions
of
the
legal
and
factual
basis
for
its
proposed
action,
and
any
other
explanations,
comments,
and
arguments
it
deems
relevant
to
the
proposed
action.

(
ii)
Provide
the
affected
entity
such
other
procedural
opportunities
as
the
District
of
Columbia
may
deem
appropriate
to
ensure
a
fair
and
impartial
hearing.

(
iii)
Appoint
an
official
of
the
District
of
Columbia'as
Presiding
Officer
to
conduct
the
hearing.
No
person
shall
serve
as
Presiding
Officer
if
he
or
she
has
had
any
prior
connection
with
the
specific
matter.

(
3)
The
Presiding
Officer
appointed
pursuant
to
paragraph
(
2)
of
this
section
shall:

(
i)
Conduct
a
fair,
orderly,
and
impartial
hearing
within
90
days
of
the
request
for
a
hearing.

(
ii)
Consider
all
relevant
evidence,
explanation,
comment,
and
argument
submitted.
(
iii)
Notify
the
affected
entity
in
writing
within
90
days
of
completion
of
the
hearing
of
his
or
her
decision
and
order.
Such
an
order
is
a
final
agency
action
which
may
be
subject
to
judicial
review.

(
4)
If
the
District
of
Columbia
determines
that
the
public
health,
interest,
or
welfare
warrants
immediate
action
to
suspend
the
accreditation
of
any
training
program
prior
to
the
opportunity
for
a
hearing,
it
shall:

(
i)
Notify
the
affected
entity
of
its
intent
to
immediately
suspend
training
program
accreditation
for
the
reasons
listed
in
paragraph
(
1)
of
this
section.
If
a
suspension,
revocation,
or
modification
notice
has
not
previously
been
issued
pursuant
to
paragraph
(
1)
of
this
section,
it
shall
be
issued
at
the
same
time
the
emergency
suspension
notice
is
issued.

(
ii)
Notify
the
affected
entity
in
writing
of
the
grounds
for
the
immediate
suspension
and
why
it
is
necessary
to
suspend
the
entity s
accreditation
before
an
opportunity
for
a
suspension,
revocation
or
modification
hearing.

(
iii)
Notify
the
affected
entity
of
the
anticipated
commencement
date
and
duration
of
the
immediate
suspension.

(
iv)
Notify
the
affected
entity
of
its
right
to
request
a
hearing
on
the
immediate
suspension
within
15
days
of
the
suspension
taking
place
and
the
procedures
for
the
conduct
of
such
a
hearing.

(
5)
Any
notice,
decision,
or
order
issued
by
the
District
of
Columbia
under
this
section,
any
transcripts
or
other
verbatim
record
of
oral
testimony,
and
any
documents
filed
by
an
accredited
training
program
in
a
hearing
under
this
section
shall
be
available
to
the
public.
Any
such
hearing
at
which
oral
testimony
is
presented
shall
be
open
to
the
public,
except
that
the
Presiding
Officer
may
exclude
the
public
to
the
extent
necessary
to
allow
presentation
of
information
which
may
be
entitled
to
confidential
treatment.

(
6)
The
public
shall
be
notified
of
the
suspension,
revocation,
modification
or
reinstatement
of
a
training
program s
accreditation
through
appropriate
mechanisms.

(
7)
The
District
of
Columbia
shall
maintain
a
list
of
parties
whose
accreditation
has
been
suspended,
revoked,
modified
or
reinstated.
A
permit
may
be
suspended
or
revoked
as
follows:

The
notice
of
suspension,
proposed
revocation
or
revocation
shall
be
in
writing
and
shall
include
the
following:

a.
The
name
and
address
of
the
holder
of
the
permit;

b.
A
statement
of
the
action
or
proposed
action:

c.
A
statement
of
the
alleged
violation
of
the
Act,
regulations,
or
terms
of
the
permit.

d.
Notice
that
the
respondent
has
a
right
to
request
a
hearing,
or
to
have
a
hearing
at
the
time
or
place
stated.

A
notice
of
suspension
may
take
effect
immediately,
however
respondent
shall
have
the
right
to
request
a
hearing
within
fifteen
days
or
may
reapply
for
a
permit.

A
notice
of
proposed
revocation
may
be
issued
when
the
permit
holder
has
a
history
of
repeated
violations,
or
when
the
permit
has
been
suspended.
Except
as
provided
below,
the
revocation
shall
take
effect
fifteen
(
15)
days
after
the
notice
has
been
given,
unless
a
written
request
for
a
hearing
is
received
before
that
time.

The
Director
may
immediately
revoke
a
permit
upon
an
initial
violation
of
the
law
when
the
violation
presents
an
imminent
and
substantial
endangerment
to
the
public
health,
the
public
welfare,
or
the
environment.

In
the
case
of
an
immediate
revocation,
the
respondent
may
request
a
hearing
within
fifteen
days,
however
the
revocation
shall
still
take
effect
when
served.

The
notice
of
proposed
revocation
or
revocation
shall
be
served
in
the
same
manner
as
a
proposed
compliance
order.
JUDICIAL
RELIEF
CRIMINAL
FINES
AND
PENALITIES
Section
6­
997.10
In
addition
to
being
subjected
to
the
various
types
of
civil
sanctions,
any
person
who
knowingly
or
willfully
violates
this
Act
shall
be
subject
to
misdemeanor
criminal
sanctions.
These
sanctions
include
imprisonment
for
not
more
than
six
months
as
well
as
a
criminal
fine
not
to
exceed
$
1000
for
the
first
offense,
or
$
5,000
for
any
subsequent
offense.
Each
day
of
each
violation
shall
constitute
a
separate
offense.
When
violations
are
especially
egregious
in
nature­
in
terms
of
the
threat
of
harm,
or
the
level
of
culpability,
or
both
the
matter
should
be
considered
for
criminal
investigation.
The
Division
will
determine
whether
to
exercise
its
discretion
to
peruse
a
criminal
investigation
and
where
appropriate
to
refer
the
matter
to
the
Corporation
Council
for
a
prosecutorial
determination.

TEMPORARY
RESTRAINING
ORDER
section
(
D.
C.
Code
6­
997.10)

PFWLIMINARY
INJUNCTION
section
6­
997.10
PERMANENT
INJUNCTON
section
6­
997.10
OTHER
APPROPRIATE
RELIEF
section
6­
997.10
COMPLIANCE
ASSISTANCE
COMPLIANCE
ASSISTANCE
The
Department
will
target
in
its
regulated
community
the
following
sectors:
homeowners,
contractors,
tenants,
parents
of
young
children
eight
years
and
younger,
childcare
and
healthcare
providers.

The
Department
will
sponsor
and/
or
phase
in
with
regular
organizational
meetings
and
incorporate
workshops
or
seminars
to
provide
to
the
general
public
regulatory
and
technical
information
on
the
D.
C.
Lead
Training
and
Certification
Program.
Lead
hazard
reduction
demonstrations
as
well
as
informational
meetings
will
be
conducted
at
hardware/
paint
stores.

Brochures
and
fact
sheets
will
be
developed
and
disseminated
to
the
general
public.
We
will
target
the
above
sectors
and
request
organizations
to
assist
our
office
in
disseminating
this
information.
A
fact
sheet
which
highlights
the
D.
C.
Law
has
been
developed
and
will
be
mailed
and
disseminated
to
high
priority
target
groups
as
previously
indicated.

The
Department
Will
target
the
Adams
Morgan
Community
as
well
as
communities
in
the
far
Southeast
area,
inclusive
of
Wards
7
and
8.

Outreach
activities
will
be
conducted
on
a
weekly
basis.
We
will
partner
with
a
number
of
organizations,
which
will
include:
United
Planning
Organization,
United
Parents
Against
Lead,
Anacostia
Child
Health
Champion,
Healthy
Start
Project,
early
childhood
programs
affiliated
with
the
D.
C.
Department
of
Recreation
and
Parks.

A
majority
of
the
meetings
will
occur
at
the
major
coniniunity/
recreational
centers
and
major
organizational
meeting
within
high
risk
lead
communities.

Recurring
violations
throughout
the
city
will
be
highlighted
through
the
issuancc
of
special
community
alert
bulletins
which
wi]]
inform
and
provide
consumer
tips
on
the
best
I'

.
procedures
to
implement
to
comply
with
the
law.
