D.C. Mun. Regs. tit. 18, r. 18-3014

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

Rule 18-3014 - APPEALS

3014.1

Appeals shall be from final determinations issued after reconsideration under Title III-A of the District of Columbia Traffic Adjudication Act of 1978; provided, that a denial by a hearing examiner of a motion to vacate a finding of liability based on a failure to appear at a scheduled hearing pursuant to D.C. Official Code § 50-2302.06(b) or a deemed admission pursuant to D.C. Official Code §§ 50-2302.05(e) or 50-2303.05(d)(2) shall be appealed directly to the appeals board or from matters as set forth in Subsection 1042.3.

3014.2

Notice of any action taken pursuant to § 3014.11 shall be sent to the appellant by ordinary mail.

3014.3

Each Appeals Board may conduct its review of the record in any manner, but shall not consider any evidence which was not presented to the hearing examiner.

3014.4

The Appeals Board shall have the power to reverse, remand, or modify any decision of a hearing examiner.

3014.5

At least two (2) votes are required for final action on an appeal.

3014.6

A final determination of liability and the amount of the sanctions imposed may be appealed in cases where an answer of "Deny" was entered at the hearing.

3014.7

An appeal limited in scope to the sanctions imposed may be had where an answer of "Admit" or "Admit with Explanation" was entered at the hearing.

3014.8

The filing of a notice of appeal shall not stay the enforcement of a suspension or revocation of driver's permit or a requirement for attendance at traffic school unless so directed by the hearing examiner or the Appeals Board on written application.

3014.9

(a) A notice of appeal from a final determination as described in subsections 1042.2 or 1042.3 shall be filed with the Appeals Board within thirty (30) days after the final determination.

(b) An appeal shall be dismissed, as provided in subsection 3014.11, if it does not meet any of the following requirements, as applicable:

(1) The notice of appeal shall be filed on a form prescribed by the Director;

(2) The notice of appeal form shall contain complete and accurate information;

(3) The fines and penalties assessed by the hearing examiner shall have been paid by the respondent, subject to the full or partial reimbursement of the fines and penalties in the event of reversal or modification.

(4) The appeal fee, as required by § 3015, shall have been paid by the respondent; and

(5) The deposit for the transcript, as required by § 3017, shall have been paid by the respondent.

3014.10

Repealed.

3014.11

If the appellant fails to satisfy all of the provisions of § 3014.9 within the thirty (30) days' time period provided in subsection 3014.9, the appeal shall be dismissed by the Appeals Board or the Chairperson of the Appeals Board without consideration.

D.C. Mun. Regs. tit. 18, r. 18-3014

Final Rulemaking published at 50 DCR 4403 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5988 (July 25, 2003); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)); amended by Final Rulemaking published at 65 DCR 13225 (11/30/2018); amended by Final Rulemaking published at 69 DCR 1534 (2/25/2022)

Authority: The Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)).