D.C. Mun. Regs. tit. 18, r. 18-309

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 18-309 - HEARINGS ON PROPOSED SUSPENSIONS AND REVOCATIONS
309.1

A person whose license has been proposed to be revoked or suspended by the Director under the Director's discretionary authority may petition for a hearing subject to the provisions of chapter 10.

309.2

Based on the findings of the hearing, the Director shall render a decision on the proposed action.

309.3

The Director may dismiss the action; order that the proposed action be taken; direct that probation be granted to the petitioner and fix the terms and conditions of the probation; allow a limited license, or suspend where a revocation was proposed, if, in his or her judgment, the driving record, the general good character of the licensee, and the need for such license is such that the safety of the public will not be impaired and that the license is otherwise justified.

309.4

In the event a limited license is granted, the limits with respect to the period of revocation or suspension in § 306 of this chapter need not apply, at the discretion of the Director.

309.5

The Director shall give special consideration to the grant of a limited license to those persons whose livelihood entails driving.

309.6

Whenever the Director directs that probation be granted to the petitioner, he or she may, in place of suspension or revocation, place the person on probation, the terms of which may include a period of suspension as a condition of probation, and may issue a probationary license with such reasonable terms, conditions, and limitations deemed appropriate by the Director.

309.7

The Director may terminate or modify the terms or conditions of any order of probation whenever good cause appearS therefor.

309.8

The Director may modify a suspension or revocation by allowing a limited license with such reasonable conditions, and limitations as he or she may deem appropriate, including but not limited to, operation of particular vehicles, particular classes of operation, hours of operation, or limited areas and routes of travel.

309.9

Probationary licenses and licenses limited to particular operations of motor vehicles shall be noted as restrictions described in § 107 of chapter 1 of this title The holders of the licenses shall be subject to any penalties prescribed in this title for the violation of the restriction(s).

309.10

Upon receipt of satisfactory evidence of a violation of any of the terms or conditions of probation or other limitations imposed upon a licensee, the Director may order the suspension or revocation of the privilege to operate a motor vehicle for the remaining portion of the original suspension or revocation for such additional period as he or she deems appropriate.

309.11

If, at the end of a hearing, revocation is ordered, the Director may condition the reinstatement of a license on the successful completion of a state-certified drug or alcohol counseling program, whichever is applicable.

309.12

Where a revocation or suspension is stayed under the circumstances provided for in § 13 of the District of Columbia Traffic Adjudication Act of 1925, effective March 3, 1925 (43 Stat. 1125; D.C. Official Code § 50-1403.01) , and the respondent schedules a hearing but fails to appear on the date and time scheduled, the stay shall be lifted as of that date and time.

D.C. Mun. Regs. tit. 18, r. 18-309

Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2.316, Special Edition; as amended by § 105 of the D.C. Motor Vehicle Act. D.C. Law 1-133, 23 DCR 6720, 6721 (February 25, 1977); as amended by final rulemaking published at 52 DCR 2065 (March 4, 2005)