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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 18. VEHICLES AND TRAFFIC |
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Chapter 18-30. ADJUDICATION AND ENFORCEMENT |
Section 18-3014. APPEALS
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3014.1Appeals shall be from final determinations issued after reconsideration under Title III-A of the District of Columbia Traffic Adjudication Act of 1978; provided, that a denial by a hearing examiner of a motion to vacate a finding of liability based on a failure to appear at a scheduled hearing pursuant to D.C. Official Code § 50-2302.06(b) or a deemed admission pursuant to D.C. Official Code §§ 50-2302.05(e) or 50-2303.05(d)(2) shall be appealed directly to the appeals board.
3014.2Notice of any action taken pursuant to § 3014.11 shall be sent to the appellant by ordinary mail.
3014.3Each Appeals Board may conduct its review of the record in any manner, but shall not consider any evidence which was not presented to the hearing examiner.
3014.4The Appeals Board shall have the power to reverse, remand, or modify any decision of a hearing examiner.
3014.5At least two (2) votes are required for final action on an appeal.
3014.6A final determination of liability and the amount of the sanctions imposed may be appealed in cases where an answer of “Deny” was entered at the hearing.
3014.7An appeal limited in scope to the sanctions imposed may be had where an answer of “Admit” or “Admit with Explanation” was entered at the hearing.
3014.8The filing of a notice of appeal shall not stay the enforcement of a suspension or revocation of driver’s permit or a requirement for attendance at traffic school unless so directed by the hearing examiner or the Appeals Board on written application.
3014.9Any appeal from a final determination pursuant to § 3013 or a final decision pursuant to § 1006 shall be filed with the Appeals Board within thirty (30) days of the final determination.
(a)The fines and penalties assessed by the hearing examiner have been paid by the respondent amount of the judgment appealed from, subject to the full or partial reimbursement of the fines and penalties in the event of reversal or modification.
(b)The appeal fee, as required by § 3015, has been paid by the respondent; and
(c)The deposit for the transcript as required by § 3017, has been paid by the respondent.
3014.10The appeal shall be considered filed when all of the following conditions are satisfied:
(a)The fines and penalties assessed by the hearing examiner have been paid by the respondent;
(b)The appeal fee, required by § 3015, has been paid by the respondent;
(c)The deposit for the transcript, required by § 3017, has been paid by the respondent; and
(d)A notice of appeal form has been completed and submitted.
3014.11If the appellant fails to satisfy all of the provisions of § 3014.10 within the thirty (30) days’ time period provided by § 3014.9, the appeal shall be dismissed by the Appeals Board or the Chairperson of the Appeals Board without consideration.