D.C. Mun. Regs. tit. 1, r. 1-2912

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 1-2912 - DFHV - ANSWERS IN CIVIL FINE CASES
2912.1

In DFHV cases filed in the DMV automatic ticket database, the Respondent shall answer a Notice of Infraction ("Notice") according to the instructions on the back of the Notice. The Respondent's answer shall indicate whether the response to the Notice is Admit, Admit with Explanation, or Deny.

2912.2

The issuing agency shall have access to answers of Deny or Admit with Explanation in DFHV cases filed in the DMV automatic ticket database.

2912.3

In DFHV cases filed in the DMV automatic ticket database, OAH shall notify the issuing agency in writing of the hearing date and time selected by Respondent, either in writing or by calendaring the hearing in the DMV database. If Respondent does not select the date and time of the hearing, OAH shall notify the Respondent in writing of the date and time of the hearing.

2912.4

At least five (5) calendar days before any hearing date, the Respondent shall file with OAH copies of all exhibits that the Respondent intends to ask the Administrative Law Judge to consider at the hearing in the DMV database. An Administrative Law Judge may allow a Respondent to use exhibits at a hearing that the Respondent did not file or provide to the issuing agency before the hearing if there is no prejudice to the issuing agency.

2912.5

In DFHV cases filed in the DMV automatic ticket database, Respondent may file any materials supporting the answer of Admit with Explanation as to why the Respondent believes the Administrative Law Judge should reduce or suspend any fine or penalty through the DMV database.

2912.6

The issuing agency has access to the answer of Admit with Explanation and Respondent's supporting materials through the DMV database. DFHV shall file any reply to the answer in the DMV database within twenty-one (21) days of the filing of the answer and shall also provide any reply to the Respondent.

2912.7

OAH shall schedule a hearing as required by law or on the request of the Respondent in a case involving a denial, revocation, suspension, or modification of a license issued under the DFHV Act; or any other order or action authorized under the DFHV Act, other than a Notice of Infraction. If the Respondent requests a hearing, OAH shall schedule the hearing as required by law or as soon as practicable. If DFHV does not appear for a hearing, the Administrative Law Judge may suspend the hearing and close the case.

D.C. Mun. Regs. tit. 1, r. 1-2912

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