D.C. Mun. Regs. tit. 31, r. 31-704

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

Rule 31-704 - NOTICES OF INFRACTION

704.1

The Office or a District enforcement official (including a vehicle inspection officer) may issue an NOI, imposing a civil fine or other civil penalty, whenever the Office or the District enforcement official has reasonable grounds to believe the respondent is in violation of a provision of this title or other applicable law.

704.2

An NOI shall be in writing in a form prescribed by the Office and shall include:

(a) The name of the respondent;

(b) A citation or reference to the provision of this title or other applicable law which the respondent has violated;

(c) The circumstances giving rise to the infraction, including the time and place of the infraction;

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

(e) A statement that:

(1) The fine must be paid within thirty (30) calendar days of the date that the NOI has been served on the respondent;

(2) The respondent has the right to request a hearing before the Office of Administrative Hearings ("OAH"); and

(3) If the respondent fails to pay the fine or request a hearing within thirty (30) calendar 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 may be suspended until the fine has been paid; and

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

704.3

Each NOI shall be served and filed in the manner prescribed by § 712.

704.4

In response to an NOI, a respondent shall file a written answer with OAH within thirty (30) days of the date the NOI is served on the respondent. The answer shall:

(a) Admit the infraction and pay the fine;

(b) Admit the infraction with an explanation, and providing any supporting documentation; or

(c) Deny the infraction and request a hearing.

704.5

Payment of the fine shall not relieve the respondent of the obligation to abate the infraction cited in the NOI.

704.6

If a respondent admits an infraction in the NOI, the respondent shall include payment of the fine with his or her answer. If respondent pays the stated fine but fails to indicate a specific answer, the respondent shall be deemed to have admitted the infraction.

704.7

If a respondent responds to an NOI, does not pay the stated fine, and fails to state an answer as required by § 704.4, the respondent shall be deemed to have denied the infraction.

704.8

If the respondent admits an infraction with an explanation, the respondent shall state on the NOI whether the respondent requests a hearing on the papers or an in-person hearing. The OAH may hold an in-person hearing in its sole discretion.

704.9

If a respondent denies an infraction, OAH may schedule an in-person hearing in accordance with its rules.

704.10

If a respondent does not answer the NOI within thirty (30) calendar days:

(a) OAH shall issue a default order; and

(b) A civil penalty equal to the amount of the fine imposed by the NOI shall be imposed by OAH in the default order.

704.11

A civil penalty, including a fine, may be downwardly modified by OAH if:

(a) The downward modification is not inconsistent with the provision of this title or other applicable law which is the basis for the penalty;

(b) The Office is provided with an opportunity to present to OAH its opinion on a proposed downward modification or fine reduction; and

(c) The downward modification is based on a consideration of all relevant mitigating and aggravating factors.

D.C. Mun. Regs. tit. 31, r. 31-704

Final Rulemaking published at 61 DCR 6408 (June 27, 2014); amended by Final Rulemaking published at 63 DCR 338 (1/8/2016)

Authority: Sections 8(c)(7) (14), (15), (16), (17), (18), (19) and 20 m of the District of Columbia Taxicab Commission Establishment Act of 1985 ("Establishment" Act), effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50 -307(c)(7) (14), (15), (16), (17), (18), (19) (2012 Repl. & 2013 Supp.), 50-329.03 (2012 Repl. & 2013 Supp.).