Legal Opinion

District of Columbia Department of the Environment v. C & M Fruit & Produce Co., Inc.

District of Columbia Court of Appeals

Decided August 20, 2015No. 13-AA-233 & 13-AA-389Published

1Opinion of the Court

BECKWITH, Associate Judge:

The District of Columbia Department of the Environment (DDOE) petitions for review of an order finding respondent C & M Fruit and Produce Co., Inc. (C & M) not liable for a civil infraction. DDOE argues that the' Administrative Law Judge (ALJ) erred by “sua sponte amending] C & M’s answer from' ‘admit with explanation’ to ‘deny 1 ” and by finding C & M not liable without giving DDOE an opportunity to present its case. We conclude that the pertinent regulation and statute governing administrative review of civil infractions— specifically, 1 DCMR § 2804.11" (2014) and…

2Cases cited8 opinions

  1. Barnhart v. WaltonSupreme Court of the United States · 2002
  2. American Meat Institute v. United States Department of AgricultureCourt of Appeals for the D.C. Circuit · 2014
  3. Cheney Railroad Company, Inc. v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1990
  4. Texas v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2013
  5. Point Park University v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2006

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