§ 1–1001.18. Enforcement of subchapter; penalties.

(a) Recommendations of criminal or civil, or both, violations of this subchapter shall be presented by the General Counsel to the Board in accordance with the rules and regulations adopted by the Board in accordance with the provisions of subchapter I of Chapter 5 of Title 2.

(b) Any person who violates any provision of this subchapter may be assessed a civil penalty for each violation of not more than $2,000 by the Board pursuant to subsection (d) of this section. For the purposes of this section, each day of noncompliance with an order of the Board shall constitute a separate offense.

(c) A person who aids, abets, or participates in the violation of any provision of this subchapter shall be subject to a civil penalty not to exceed $1,000.

(d)(1) A civil penalty shall be assessed by the Board by order. An order assessing a civil penalty may be issued only after the person charged with a violation has been given an opportunity for a hearing and the Board has determined, by a decision incorporating its findings of facts, that a violation did occur, and the amount of the penalty. Any hearing under this section shall be on the record and shall be held in accordance with subchapter I of Chapter 5 of Title 2.

(2) If a person against whom a civil penalty is assessed fails to pay the penalty, the Board shall file a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be sent by registered or certified mail to the respondent and the respondent's attorney of record, and the Board shall certify and file in court the record upon which the order sought to be enforced was issued. The court shall have jurisdiction to enter a judgment enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order and the decision of the Board, or it may remand the proceedings to the Board for further action as it may direct. The court may determine de novo all issues of law, but the Board's findings of fact, if supported by substantial evidence, shall be conclusive.

(e) For the purposes of this subchapter, actions of an agent acting for a candidate shall be imputed to the candidate; provided, that the actions of the agent may not be imputed to the candidate in the presence of a provision of law requiring a willful and knowing violation of this subchapter, unless the agency relationship to engage in the act is shown by clear and convincing evidence.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 18; as added Mar. 13, 2019, D.C. Law 22-250, § 5(e), 66 DCR 985.)

Applicability

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the creation of this section by § 5(e) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.