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District Of Columbia Administrative Code
Title 1 - MAYOR AND EXECUTIVE AGENCIES
Chapter 1-29 - OFFICE OF ADMINISTRATIVE HEARINGS: RULES FOR DCPS AND OSSE, DFHV, RENTAL HOUSING, PUBLIC SECTOR WORKERS' COMPENSATION, PUBLIC BENEFITS, AND UNEMPLOYMENT INSURANCE CASES
Rule 1-2911 - DFHV - BEGINNING A CIVIL FINE CASE

D.C. Mun. Regs. tit. 1, r. 1-2911

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Current through Register Vol. 71, No. 49, December 6, 2024
Rule 1-2911 - DFHV - BEGINNING A CIVIL FINE CASE
2911.1

When the District is seeking civil fines or sanctions under the District of Columbia Department of For-Hire Vehicles Establishment Act of 1985 (D.C. Official Code §§ 50-301.01 - .34) ("DFHV Act"):

(a) The issuing agency of the Notice of Infraction may file it by entering it in the automatic ticket database presently maintained by the Department of Motor Vehicles (DMV). The day the Notice of Infraction data is entered into the DMV database shall be deemed the date of filing of the Notice of Infraction with OAH;
(b) If the issuing agency serves a Notice of Infraction by first-class mail, it may not file the Notice of Infraction with OAH until it submits proof of delivery. When the issuing agency serves the Notice of Infraction by first-class mail, it shall also 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 issuing agency;
(c) If DFHV issues a Notice of summary or proposed denial, revocation, suspension or modification of a license, a Notice to cease and desist, or a Notice to take action, DFHV shall file the Notice with OAH promptly and serve it in the manner provided under the DFHV Act and implementing regulations. OAH shall schedule a hearing as required by law or on the request of the Respondent; or
(d) If DFHV takes other actions under the DFHV Act or implementing regulations appealable to OAH, DFHV shall file the relevant Notice, Order, or Action with OAH and serve it in the manner provided under the DFHV Act and implementing regulations. If the DFHV Act and implementing regulations do not specify a manner of service, DFHV shall follow paragraph (b) of this Subsection.
2911.2

The signature of an issuing officer shall not be required on a Notice of Infraction issued from a hand-held electronic device; provided, that the officer's printed name, department, and badge number appear legibly on the face of the Notice of Infraction.

D.C. Mun. Regs. tit. 1, r. 1-2911

Final Rulemaking published at 71 DCR 13913 (12/1/2024)