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Chairman Linda Cropp at the request of the Mayor
A RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Chairman Cropp, at the request of the Mayor, introduced the following resolution.
To approve proposed rules to establish civil fines against operators of Group Homes for Persons with Mental Retardation for failure to report unusual incidents.
RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Civil Infractions Schedule of Fines Governing the Operation of Group Homes for Persons with Mental Retardation Approval Resolution of 2000".
Sec. 2. Pursuant to section 104(a)(1) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Code §6-2704(a)(1)), the Council of the District of Columbia approves the proposed rules to establish a civil fine against operators of Group Homes for Persons with Mental Retardation for failure to report unusual incidents.
Sec. 3. The Secretary of the Council of the District of Columbia shall transmit a copy of this resolution, upon its adoption, to the Mayor of the District of Columbia.
Sec. 4. The Council adopts the fiscal impact statement submitted in conjunction with this resolution.
Sec. 5. This resolution shall take effect immediately.
NOTICE OF PROPOSED RULEMAKING
The Director, Department of Health, pursuant to the authority set forth in sections 104 and 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (the "Act"), effective October 5, 1985 (D.C. Law 6-42; D.C. Code §§6-2704 and 6-2705), Mayor's Order 9968, dated April 28, 1999, section 10 of the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Code §32- 1309(e)(1), and Mayor's Order 98-137, dated August 20, 1998, hereby gives notice of the intent to adopt an amendment to Chapter 32 of Title 16 of the District of Columbia Municipal Regulations entitled "Civil Infractions". The amendment would permit the assessment of a Class 1 civil infraction fine for failure to report an unusual incident as required in section 3519.10 of Chapter 35 of Title 22 of the District of Columbia Municipal Regulations.
There are no provisions enabling the District government to assess a civil fine against operators of group homes for persons with mental retardation who fail to comply with the reporting requirements for unusual incidents. The inability to assess civil fines is having an immediate, severe and deleterious effect of the health, safety, and welfare of the wards of the District residing in such homes. These rules will permit the District to issue civil infractions to those homes found out of compliance with the reporting requirement.
These rules will not become effective before the later of (1) thirty (30) days from the date of publication in the D.C. Register, or (2) sixty (60) days from the transmittal to the Council of the District of Columbia or the date of approval of these rules by Council resolution if that occurs earlier.
Chapter 32 of Title 16 DCMR is amended as follows:
(2) By amending subsection 3239.1(c) to read as follows:
(4) By adding a new subsection 3239.1(d) to read as follows:
(5) By amending subsection 3239.2(d) to read as follows:
Any person desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be submitted to Theodore Gordon, Senior Deputy Director, Department of Health, 825 North Capitol Street, N.E., 4th Floor, Washington, DC 20002. Copies of the proposed rules may be obtained by writing to the address stated above.
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