Section 1-2211. NOTICE OF THE NOTICE OF INFRACTION

 

2211.1A Notice of Infraction ("NOI") shall be in the form prescribed by the Mayor's appointee or the Gas Station Advisory Board ("GSAB") Chairman and will be issued for infractions.

 

2211.2A NOI must include the following information

 

(a)The name and address of the respondent;

 

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

 

(c)The amount of the fine;

 

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

 

(e)Notification that:

 

(1)The respondent must request a hearing or pay the fine within fifteen days of the date the NOI was served on the respondent;

 

(2)A penalty equal to the amount of the fine may be imposed on the respondent if the respondent does not pay the fine within fifteen days;

 

(3)The respondent may request a hearing according to procedures described in the NOI;

 

(4)The respondent may pay by: (A) cash, which must be paid in person as directed in the NOI; or (B) certified check, postal or bank money order payable to the District of Columbia Treasurer, any of which may be submitted in person or by mail as directed in the NOI.

 

(5)If the respondent answers "Admit" or "Admit with Explanation," he or she must certify that each infraction on the NOI has been abated; and

 

(f)Any other information the Director may require.

 

2211.3If the fine listed on the NOI is inconsistent with the fine listed in the statute, the respondent can be subject only to the lesser fine.

 

2211.4Upon observing an infraction, the investigator may issue an NOI.

 

2211.5A properly completed NOI signed by the issuing agent constitutes prima facie evidence of the statements contained in the Notice.

 

2211.6Each incident of prohibited conduct constitutes a separate infraction subject to penalty.

 

source

Final Rulemaking published at 53 DCR 555 (January 27, 2006).