D.C. Mun. Regs. tit. 31, r. 31-323

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

Rule 31-323 - HEARINGS AND PROCEEDINGS BEFORE THE HEARING PANELS

323.1

Any of the following persons may request a hearing which shall be granted:

(a) A person whose license or licenses to act as a taxicab or passenger vehicle for hire owner or operator has been denied by the Office;

(b) A person whose license or licenses to act as a taxicab or passenger vehicle for hire owner or operator has been recommended by the Office for revocation or suspension (except for immediate suspensions described in § 322 );

(c) A person whose conduct as a taxicab or passenger vehicle for hire owner or operator has caused the filing of a complaint, such complaint having not been resolved by the Office pursuant to § 801.4 of this title;

(d) A person who wishes to contest the imposition of a civil fine pursuant to § 825 of this title for alleged infractions; or

(e) A person who wishes to contest a decision entered by the Bureau of Traffic Adjudication pursuant to § 322.

323.2

The request for a hearing shall be made to the Chairperson, in writing on a form substantially similar to that shown as Appendix 3-1 to this chapter, within fifteen (15) days after personal service, or within eighteen (18) days after mail posting, of the action complained of, except as provided in § 323.3.

323.3

The request for a hearing to contest the imposition of a civil fine shall be made to the Chairperson, in writing on a form within fifteen (15) days of the issuance of the Notice of Civil Infraction(s).

323.4

There shall be no extensions of the time period prescribed in § 323.2, except as provided in §§ 320.4 to 320.7.

323.5

A person shall not be entitled to a hearing if that person has previously been afforded, after appropriate notice, an opportunity for a hearing.

323.6

If any person fails to appear at a hearing scheduled by the Chairperson before a hearing panel without good cause shown, the proposed order of suspension or revocation or imposition of civil fine shall become effective immediately without further notification to the person.

323.7

Appeals from any final decision of the hearing panel pursuant to this section shall, pursuant to D.C. Official Code § 2-510 (2001) be taken to the District of Columbia Court of Appeals.

D.C. Mun. Regs. tit. 31, r. 31-323

Final Rulemaking published at 34 DCR 6751, 6760 (October 23, 1987)