Section 16-3105. FAILURE TO ANSWER THE NOTICE OF INFRACTION

 

3105.1 If a respondent fails to answer an NOI within fifteen (15) days of date of service, the Director shall issue and serve upon respondent a second NOI, in a form prescribed by the Director.

 

3105.2 A second NOI shall include the following:

 

(a) The name and address of the respondent;

 

(b) An identification of the NOI to which the respondent has failed to respond in a timely manner, and the amount of the fine and penalty for such failure to respond;

 

(c) Notification of the following:

 

(1) That the respondent is subject to a penalty equal to the amount of the fine because of the respondent's failure to respond to the initial NOI in a timely manner, unless the respondent shows good cause for the failure to respond to the NOI in a timely manner;

 

(2) That the respondent has a right to a hearing to show good cause for the failure to respond to the NOI in a timely manner and that, if the ALJ determines that there is good cause, the respondent has a right to a hearing on the infraction;

 

(3) That, if the respondent fails to pay the fine and penalty or request a hearing within fifteen (15) days of the date of service of the second NOI the following shall occur:

 

(A) The penalty for failure to answer in a timely manner shall increase to twice the amount of the initial fine and the respondent's license or permit may be suspended; and

 

(B) The respondent shall be required to appear at a hearing to show cause why the respondent's license or permit should not be suspended for such failure to make timely payment or request a hearing;

 

(4) That the respondent has no right to adjudication of the infraction by mail; and

 

(5) That the acceptable forms of payment are as follows:

 

(A) Cash, which is not acceptable by mail; or

 

(B) A personal check, company check, certified check, cashier's check, postal money order, or bank money order payable to the order of the District of Columbia Treasurer; and

 

(d) Any other information that the Director may require.

 

3105.3 A second NOI signed by the Director shall be prima facie evidence that the respondent has not answered the initial NOI in a timely manner.

 

3105.4 A second NOI shall be served and answered in the same manner as an initial NOI, with the following exceptions:

 

(a) If a respondent admits the infraction, the respondent is required to include payment of the penalty, in addition to the fine, with the answer;

 

(b) Respondent has no right to adjudication of the infraction by mail; and

 

(c) Respondent has no right to a hearing on the infraction unless the respondent shows good cause for the failure to timely answer the initial NOI. To show good cause, a respondent shall request a hearing in the manner provided by §3103 within fifteen (15) days of the date the second NOI is served. Upon a showing of good cause, an ALJ may either proceed to consider the infraction or require the respondent to request another hearing on the infraction.

 

3105.5 A respondent who fails to answer a second NOI within fifteen (15) days of service:

 

(a) Shall have no right to a hearing on the infraction unless the respondent establishes good cause for the failure to answer; and

 

(b) Shall be required to appear at a hearing to show cause why the respondent's license or permit should not be suspended for such failure to answer.

 

source

Final Rulemaking published at 34 DCR 5718, 5723 (September 4, 1987).