D.C. Mun. Regs. tit. 16, r. 16-3101

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

Rule 16-3101 - NOTICE OF INFRACTION

3101.1

A Notice of Infraction (NOI) shall be in a form prescribed by the Director.

3101.2

A properly completed NOI signed by the issuing agent shall be prima facie evidence of the validity of the issuance and the truth of the facts alleged in the NOI.

3101.3

An NOI shall include the following:

(a) The name and address of the respondent;

(b) A citation to the law or rule that the respondent allegedly violated;

(c) The nature, time, and place of the infraction;

(d) The amount of the fine applicable to the infraction;

(e) Notification of the following:

(1) That the fine must be paid within fifteen (15) days of the date the NOI is served on the respondent;

(2) That, if the respondent fails to pay the fine or request a hearing within fifteen (15) days of the date the NOI is served on the respondent, a penalty equal to the amount of the fine may be imposed and the respondent's license or permit may be suspended until the fine and penalty have been paid;

(3) That the respondent has the right to request a hearing on the infraction charged in the NOI, and the procedure for requesting a hearing;

(4) That the acceptable forms of payment are as follows:

(A) Cash, which is not acceptable by mail; or

(B) A personal check, company check, certified check, cashier's check, postal money order, bank money order payable to the order of the District of Columbia Treasurer, or credit card or other form of electronic payment; and

(5) That, if the respondent admits the infraction or admits the infraction with explanation, the respondent is required to certify that each infraction on the NOI has been abated; and

(f) Any other information that the Director may require.

3101.4

When the fine appearing on the NOI is inconsistent with the applicable fine listed on the approved schedule of fines, the respondent shall be subject to liability only for the lesser fine.

3101.5

The Director may issue and serve an amended NOI for a repeat infraction at any time prior to the decision of the administrative law judge (ALJ) on the infraction, or the respondent's admission of the infraction and payment of the fine indicated on the NOI. The respondent shall answer an amended NOI pursuant to § 3103.

3101.6

Unless otherwise prescribed by law, an NOI shall be issued by the Director upon observance of an infraction. When applicable provisions of law require that a respondent be given a certain period of time to abate a violation, an NOI shall not be issued until that period of time has elapsed.

D.C. Mun. Regs. tit. 16, r. 16-3101

Final Rulemaking published at 34 DCR 5718 (September 4, 1987); amended by Final Rulemaking published at 67 DCR 1200 (2/7/2020)