D.C. Mun. Regs. tit. 1, r. 1-2814
To answer a Notice of Infraction or a Notice of Violation (both "Notice"), a Respondent shall file the Respondent's copy of the Notice at OAH. The Respondent shall indicate on the Notice whether the Respondent's answer is Admit, Admit with Explanation, or Deny.
If a Respondent does not file the Respondent's copy of the Notice, the answer shall be rejected by the Clerk's Office.
A Respondent is not required to send a copy of the answer to the District. OAH shall send the District a copy of every answer of Deny or Admit with Explanation.
A Respondent whose answer is Admit shall pay the fine specified on the Notice when filing the answer. A Respondent who pays the fine without stating a plea shall be deemed to have pleaded Admit.
If a Respondent's answer is Deny, OAH shall schedule a hearing and shall notify the Respondent and District, in writing, of the hearing date and time. The hearing order shall contain additional information about procedures for the hearing.
If a Respondent's answer is Deny, an Administrative Law Judge may decide the case based on the papers submitted, without an in-person hearing, if the Administrative Law Judge determines that a hearing is unnecessary and after giving the District notice and an opportunity to respond.
At least five (5) calendar days before any hearing date, the Respondent shall file with OAH, and also shall serve on the District copies of all exhibits that the Respondent intends to ask the Administrative Law Judge to consider at the hearing. An Administrative Law Judge may allow a Respondent to use exhibits at a hearing that the Respondent did not file or provide to the District before the hearing if there is no prejudice to the District.
If a Respondent's answer is Admit with Explanation, a Respondent shall submit a written explanation stating why the Respondent believes the Administrative Law Judge should reduce or suspend the fine or any penalty. The Respondent also shall submit any papers, photographs, or other materials supporting the Respondent's explanation.
OAH shall send a copy of an answer of Admit with Explanation and supporting materials to the District, and shall allow the District twenty-one (21) calendar days to reply. The District shall send the Respondent a copy of all papers the District files in reply.
The Administrative Law Judge shall decide Admit with Explanation cases by considering all the materials filed by the parties, including any exhibits filed with the Notice, Respondent's explanation and supporting materials, and the District's reply and supporting materials. The Administrative Law Judge shall hold a hearing only if the parties' materials are not sufficient to allow him or her to decide the case.
In an Admit with Explanation case, the Administrative Law Judge shall dismiss the Notice if he or she determines that the Respondent did not commit or is not responsible for the violation charged.
In all civil fine cases, an Administrative Law Judge shall not impose a fine that exceeds the fine amount the District requests.
D.C. Mun. Regs. tit. 1, r. 1-2814