(1) Cure. 1 An eligible violation may be cured by correction before the first scheduled hearing date at ECB. All violations that are designated as Class 3 violations are eligible for cure. Some, but not all, types of violations that are designated as Class 2violations are eligible for cure. Those types of Class 2 violations that are eligible for cure will be indicated within the BuildingsPenalty Schedule found below. In order to cure, a certificate of correction acceptable to the Department must be filed at theDepartment within forty days from the date of the Commissioner's order to correct set forth in the NOV. A cure constitutes anadmission of the violation; dispenses with the need for a hearing at ECB; constitutes a predicate violation for subsequentviolations; and, consistent with the provisions of § 28-204.2, and with the provisions of the Buildings Penalty Schedule, results ina zero penalty. A violation that has been charged as an Aggravated I or Aggravated II violation is never eligible for a cure, evenif there is a "Yes" in the "Cure" column in the Buildings Penalty Schedule for that violation description.1 Section 28-204.2 of the Administrative Code provides for a zero penalty for Lesser violations that are corrected within the prescribed, or cure, period. For purposes of this rule, certain Major violations will also be treated as eligible for cure to the extent that Section 28-202.1 of the Administrative Code specifies no minimum penalty for such violations.(2) Stipulation. An eligible violation may be subject to stipulation where the Commissioner offers to the respondent a stipulationprior to or at a hearing to extend the time for compliance upon such terms and conditions as the Commissioner prescribes.Violations that are eligible for stipulation are indicated as such on the Buildings Penalty Schedule. The respondent must admitthe violation subject to stipulation and agree to correct it and file an acceptable certification of correction with the Department. The stipulation may be signed and submitted to ECB either before the first scheduled hearing date at ECB or else on the firstscheduled hearing date but prior to any actual hearing on that date, in which case it is considered a pre-hearing stipulation, ormay be entered into at the first ECB hearing in which case it is considered a hearing stipulation. A reduced penalty will beimposed in connection with a pre-hearing stipulation in an amount indicated for the charge in question in the BuildingsPenalty Schedule. Specifically, the penalty imposed for that violation will be half of the penalty amount (rounded to the nearest dollar) of the penalty amount that would otherwise have been imposed at a hearing for that particular violation. In connectionwith a stipulation entered into at a hearing, a hearing penalty will be imposed in an amount indicated for the charge inquestion in the Buildings Penalty Schedule. A stipulation, whether a pre-hearing stipulation or a hearing stipulation, gives therespondent seventy-five days from the first scheduled hearing date within which to correct the violation and file a certificate ofcorrection, failing which any reduced penalty that may have been imposed in connection with a pre-hearing stipulation will beadjusted to the standard hearing penalty set forth in the Buildings Penalty Schedule. A stipulation is effective only if it isapproved by ECB. A pre-hearing stipulation dispenses with the need for a hearing at ECB. No stipulation shall take effect unless,in the case of a pre-hearing stipulation, it is offered by the Department prior to the first scheduled hearing date, signed byrespondent prior to the first scheduled hearing date and approved by ECB in writing, or unless, in the case of a hearingstipulation, it is offered by the Department at the hearing, accepted by the respondent at that hearing, and is approved inwriting by ECB. A violation that has been charged as an Aggravated I or Aggravated II violation is never eligible for a stipulation, even if there is a "Yes" in the "Stipulation" column in the Buildings Penalty Schedule for that violation description.(3) Mitigation. An eligible violation may be subject to mitigation where the respondent proves at the hearing that the condition was corrected prior to the first scheduled hearing date at ECB. Violations that are eligible for mitigation are indicated as such on the Buildings Penalty Schedule. A penalty is imposed on mitigations in accordance with the Buildings Penalty Schedule. If amitigated penalty is imposed, that penalty will be half of the penalty amount of the penalty amount that would otherwise havebeen imposed at a hearing for that particular violation. An acceptable certificate of correction must thereafter be filed at theDepartment. A violation that has been charged as an Aggravated I or Aggravated II violation is never eligible for mitigation, even if there is a "Yes" in the "Mitigation" column in the Buildings Penalty Schedule for that violation description.
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