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.