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GARY INVESTMENT CORP. v. DOH

No. 04-AA-554.

896 A.2d 193 (2006)

GARY INVESTMENT CORPORATION, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF HEALTH, Respondent.

District of Columbia Court of Appeals.

Decided March 23, 2006.

Attorney(s) appearing for the Case

Alan B. Fischler, Bethesda, MD, with whom Elizabeth Fohrman Simon, Washington, was on the brief, for Petitioner.

James C. McKay, Jr., Senior Assistant Attorney General, with whom Robert J. Spagnoletti, Attorney General for the District of Columbia, and Edward E. Schwab, Deputy Attorney General, were on the brief, for Respondent.

Before WASHINGTON, Chief Judge, and SCHWELB and RUIZ, Associate Judges.

WASHINGTON, Chief Judge:

Petitioner Gary Investment Corporation petitions this court to reverse the Office of Administrative Hearings' imposition of a $1,125 fine for failure to properly containerize solid waste in violation of 21 DCMR § 700.3. Petitioner argues that the existence of two separate regulations imposing fines for violation of the same act or omission is contrary to the Due Process requirements of notice...

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