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|Chairman Cropp, at the request of the Mayor, introduced the following
A RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To approve proposed rules to establish civil fines for violations of rules governing the operation of group homes for the mentally retarded.
RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Civil Fines for Violations of Rules Governing the Operation of Group Homes for Mentally Retarded Persons Approval Resolution of 1999".
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 classification of violations of rules governing the operation of group homes for mentally retarded persons so as to apply civil fines.
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.
DEPARTMENT OF HEALTH
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, effective October 5, 1985 (D.C. Law 6-42, D.C. Code §§ 6-2704 and 6-2705), Mayor's Order 99-68, 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 98137, dated August 20, 1998, gives notice of his intent to adopt amendments to Chapter 32 (Civil Infractions) of Title 16 of the District of Columbia Municipal Regulations. The amendments would classify violations of regulations on the operation of group homes for mentally retarded persons so as to make applicable civil infraction fines for the violation of standards and procedures codified in Chapter 35 of Title 22 of the DCMR, as amended at 39 D.C. Register 3280 (May 8, 1992) and 44 D.C. Register 7445 (December 5, 1997).
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) 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 (Civil Infractions) of Title 16 of the DCMR is amended by adding a new section 3239 to read as follows:
3239 OPERATION OF GROUP HOMES FOR MENTALLY RETARDED PERSONS
3239.1 Violation of any of the following provisions shall be Class 1 infractions:
3239.2 Violation of any of the following provisions shall be Class 2 infractions:
3239.3 Violation of any of the following provisions shall be Class 3 infractions:
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., 4`h Floor, Washington, D.C. 20002. Copies of the proposed rules may be obtained by writing to the address stated above.
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