D.C. Mun. Regs. tit. 1, r. 1-2815

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2815 - DEFAULTS IN CIVIL FINE CASES

2815.1

This Section contains rules for deciding civil fine cases in which the Respondent does not file an answer.

2815.2

(a) In a Civil Infractions Act or a Litter Control Administration Act case, if a Respondent fails to answer within the time required by law, an Administrative Law Judge shall determine whether:

(1) The District has submitted evidence of proper service; and

(2) The Notice of Infraction or Notice of Violation meets all legal requirements on its face.

(b) If an Administrative Law Judge determines the requirements of §§ 2815.2(a) have been met, the Administrative Law Judge shall find the Respondent in default and shall impose the legally authorized fine and penalty. If not, the Administrative Law Judge shall dismiss the Notice of Infraction or Notice of Violation without prejudice.

2815.3

In a Civil Infractions Act case, if the USPS returns an order finding the Respondent in default to the Clerk's Office, for reasons that call into question the accuracy of any affidavit filed under §§ 2803.5 through 2803.10, (for example, "no such address," "addressee unknown"), an Administrative Law Judge may issue an order requiring the District to show why the default order should not be vacated. If the District does not respond with sufficient evidence showing that it mailed the Notice of Infraction to a valid address for the Respondent, the default order shall be vacated and the Notice of Infraction shall be dismissed.

2815.4

In default cases brought under acts other than the Civil Infractions Act or the Litter Control Administration Act, the procedure shall be consistent with the applicable law and shall ensure that:

(a) There is sufficient evidence of proper service on the Respondent; and

(b) The charging document meets all legal requirements on its face.

2815.5

A Respondent who fails to answer shall be held in default and shall pay the legally authorized fine and penalty. If the Administrative Law Judge does not find the Respondent in default, the Administrative Law Judge shall dismiss the Notice without prejudice.

D.C. Mun. Regs. tit. 1, r. 1-2815

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12553 (December 31, 2010); 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)) .