Section 16-3103. ANSWERING THE NOTICE OF INFRACTION

 

3103.1 A respondent shall answer an NOI in accordance with this section within fifteen (15) days from the date of service of the NOI.

 

3103.2 In response to an NOI, a respondent shall do the following:

 

(a) Answer the NOI in one of the following ways:

 

(1) Admit the infraction;

 

(2) Admit the infraction with explanation; or

 

(3) Deny the commission of the infraction; and

 

(b) Otherwise complete, sign, and date the answer form on the back of the NOI.

 

3103.3 If a respondent admits an infraction, the respondent shall include payment of the fine with the respondent's answer.

 

3103.4 Payment of a fine shall not relieve the respondent of the obligation to abate an infraction cited in the NOI.

 

3103.5 If a respondent admits an infraction with explanation, the respondent shall indicate on the back of the NOI whether respondent requests a hearing or adjudication by mail. If a respondent fails to indicate whether a hearing or adjudication by mail is requested, the Director shall schedule a hearing and send the respondent a notice of hearing.

 

3103.6 If a respondent denies an infraction, the Director shall schedule a hearing and send the respondent a notice of hearing.

 

3103.7 A notice of hearing sent pursuant to this chapter shall inform the respondent of the following:

 

(a) The fact that a hearing has been scheduled;

 

(b) The time, date, and location of the hearing; and

 

(c) The respondent's rights at the hearing.

 

3103.8 A respondent may answer an NOI in person or by mail.

 

3103.9 To answer an NOI in person, a respondent shall appear at the following address between the hours of 8:30 a.m. - 4:00 p.m., Monday through Friday, except on legal holidays:

 

Department of Consumer and Regulatory Affairs Office of Civil Infractions

941 North Capitol Street, N.W., 9th floor

Washington, D.C. 20002 

 

3103.10 To answer an NOI by mail, a respondent shall mail the completed NOI, postmarked within fifteen (15) days from the date of service, to the following address:

 

Department of Consumer and Regulatory Affairs Office of Civil Infractions

941 North Capitol Street, N.W., 9th floor

Washington, D.C. 20002 

 

3103.11 If a respondent responds to an NOI and pays the stated fine, but fails to indicate an answer, the respondent shall be deemed to have admitted the infraction.

 

3103.12 If a respondent responds to an NOI but does not pay the stated fine, and fails to indicate an answer, the respondent shall be deemed to have denied the infraction, and the Director shall schedule a hearing.

 

3103.13 If a respondent fails to answer an NOI in a timely manner, the respondent shall not have a right to a hearing on the NOI or adjudication of the NOI by mail, unless the respondent shows good cause for the failure to answer the NOI in a timely manner.

 

3103.14 If a respondent challenges an NOI as defective on its face, an ALJ may review the NOI prior to a hearing and, if the ALJ determines that the NOI is defective on its face, dismiss the NOI. If the ALJ does not dismiss the NOI, the respondent shall be deemed to have denied the infraction and the Director shall schedule a hearing. The respondent's evidence presented in support of the denial may include evidence on whether the NOI is defective.

 

source

Final Rulemaking published at 34 DCR 5718, 5721 (September 4, 1987).