D.C. Mun. Regs. tit. 1, r. 1-2803
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 1-2803 - BEGINNING A CIVIL FINE CASE - NOTICE OF INFRACTION2803.1Section 2803 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Civil Infractions Act (D.C. Official Code §§ 2-1802.01 -.05).
2803.2The District shall file a Notice of Infraction, as authorized by law, at OAH when it is seeking a civil fine under §§ 2803. The District shall comply with §§ 2803.5 through 2803.7 when filing a Notice of Infraction under the Civil Infractions Act.
2803.3The District shall only serve a copy of the Notice of Infraction on the Respondent as authorized by the Civil Infractions Act.
2803.4If a Respondent files an answer before the District files a Notice of Infraction, OAH shall open a case. The Administrative Law Judge shall require the District to file the original Notice of Infraction.
2803.5(a) If the District serves a Notice of Infraction to the Respondent by first-class mail, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it mailed the Notice of Infraction. When it files the Notice of Infraction, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, verifying that the United States Postal Service (USPS) did not return the Notice of Infraction to the District. (1) If the USPS returns a Notice of Infraction to the District after it has filed the affidavit required by this Subsection, the District shall notify OAH by filing a new affidavit, on a form approved by the Chief Administrative Law Judge.(2) If the USPS returns the Notice of Infraction to the District, the District may file proof of any alternative service of the Notice of Infraction.(b) If the District serves a Notice of Infraction on the Respondent by electronic service, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it emailed the Notice of Infraction. When it files the Notice of Infraction, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, attesting why service at the recipient email address is reasonably calculated to give actual notice to the Respondent. An affidavit, with supporting documentation, stating that the Respondent or Respondent's agent provided the District with their recipient email address; that the recipient email address was used for successful communication with Respondent within the past six (6) months; or that the email address was established for the registered agent of the Respondent in the District's corporate registration records, will create a presumption that electronic service to that address was valid.(c) If the District serves a Notice of Infraction on the Respondent by personal service, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it served the Notice of Infraction. If the District serves a Notice of Infraction to the Respondent by personal service (hand-delivery), or by delivery to the Respondent's or other person's last known home or business address, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, providing specific facts from which the presiding ALJ can determine that the person served was either the Respondent (in the case of personal service) or a person of suitable age and discretion residing with or employed by the Respondent (in the case of delivery to their home or business).(d) If the District serves a Notice of Infraction on the Respondent by conspicuous posting, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it posted the Notice of Infraction. If the District serves a Notice of Infraction by posting the notice in accordance with D.C. Official Code §§ 2-1802.05(b), the District shall also file an affidavit, on a form approved by the Chief Administrative Law Judge, affirming that the identity or location of the property owner is unknown.2803.6When the District files a Notice of Infraction, it shall file a copy of all exhibits it expects to offer at any hearing in the case and shall provide a copy of each exhibit to the Respondent. An Administrative Law Judge may allow the District to use exhibits that it did not file or provide in accordance with this Subsection if there is no prejudice to the Respondent.
2803.7OAH may refuse to accept for filing or later dismiss any Notice of Infraction that does not comply with the applicable law or these Rules.
D.C. Mun. Regs. tit. 1, r. 1-2803
Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12542 (December 31, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 10327 (December 9, 2011); Final Rulemaking published at 63 DCR 6556 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) (2007 Repl. & 2011 Supp.)).