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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 18-3. CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES |
Section 18-307. NOTICE OF SUSPENSION OR REVOCATION
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307.1Whenever the Director, acting under this chapter, revokes the license of any person as a consequence of a conviction for a traffic offense for which mandatory revocation is required or pursuant to § 5 of the Clean Hands Act (D.C. Code § 47-2864), an order of revocation shall be prepared setting forth the proposed action and the grounds therefor in sufficient detail to permit the person to understand fully the nature of the order and the reasons for the order and shall include complete information on the manner in which that person may seek restoration of the license.
307.2Whenever the Director or a hearing examiner, pursuant to §§ 303.3 and 303.5, orders the suspension or revocation of a license because of the accumulation of traffic points, the suspension or revocation order shall include a copy of the licensee’s driver’s record. The notice shall notify the person that the order will take effect within ten (10) days (fifteen (15) days if the person is a non-resident), unless that person files a written objection with the Director or hearing examiner based solely upon the accuracy of the driving record. The filing of an objection operates as a stay of the order until the Director or hearing examiner renders a written decision on the objection.
307.3Whenever the Director acting under this chapter, proposes to revoke or suspend the license of any person for any reason which does not require a revocation, a notice of proposed suspension or revocation shall be prepared setting forth the proposed action and the grounds for the proposed action in sufficient detail to permit that person to understand fully the nature of the proposed action and the reasons for the proposed action.
307.4The notice shall take effect within ten (10) days (fifteen (15) days if the person is a non-resident) unless that person files a written petition with the Director for a hearing in which the Director must prove sufficient grounds for the proposed action. The demand shall be filed in the manner prescribed in chapter 10. The filing of such a demand does not operate as a stay of such order when the order has been issued revoking or suspending a permit on account of mental or physical incapacity, for driving while the person's alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine, or while under the influence of intoxicating liquor or any drug or any combination thereof or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor; for manslaughter when an automobile is involved, or for operating a motor vehicle equipped with a smoke screen. Each notice issued pursuant to this section shall inform the respondent of the effective date of the notice and the right to a hearing.
307.5Any notice or order served under the authority of the rules of this chapter shall be deemed to be properly served upon the person to whom such notice is directed if a copy of the notice is served upon him personally, or if a copy of the notice is mailed postage prepaid to the last known address of the person to be notified.
307.6For the purpose of these regulations, with respect to any person licensed by the District to operate a motor vehicle or whose motor vehicle is registered in the District, the term "last known address" shall mean the most recent address shown on the records of the Department.
307.7Proof of service of any notice or order in the manner specified by this section may be made by the certificate or affidavit of any officer or employee of the District, naming the person on whom the notice or order was served and specifying the time, place, and manner of service.