Section 18-3101. APPLICATION FOR REFUND

 

3101.1An application for a refund shall include, at a minimum, the following basic background information:

 

(a)The applicant's name;

 

(b)The applicant's address and telephone number;

 

(c)Proof that the applicant is either the owner of the vehicle that gave rise to the civil penalty and associated costs for which a refund is sought, or that the applicant is the legally authorized representative of the owner pursuant to a power of attorney, appointment as the executor or administrator the owner's estate, or because the applicant is the parent or legal guardian of an owner who is a minor);

 

(d)A description of the vehicle, including make, model, color, and jurisdiction in which the vehicle is registered, and license plate or tag number; and

 

(e)Proof reasonably acceptable to the Director of DPW of payment of the civil penalty and any associated booting, towing, and storage fees for which a refund is sought.

 

3101.2An applicant applying for a refund shall identify which of the following reasons is the basis for the request, and provide the applicable information needed to verify the applicant's eligibility for a refund:

 

(a)The vehicle was stolen at the time that it was subject to seizure and impoundment, in which case the application shall include a copy of a police report showing that the vehicle was reported stolen at that time;

 

(b)The charges upon which the impoundment was based were dropped for reasons other than an entry of a nolle prosequi or because the defendant completed a diversion program, in which case the application shall include the case number, a copy of any paperwork issued by the prosecutor or the court in connection with the case being dropped, and the name of the Assistant United States Attorney or Assistant Attorney General assigned to the case;

 

(c)The Superior Court of the District of Columbia dismissed the case, upon which the impoundment was based, on the merits, in which case the application shall include the case number, a copy of any paperwork issued by the Court in connection with the dismissal, and the name of the judge to whom the case was assigned; or

 

(d)The person who was charged with a prostitution-related crime, upon which the impoundment of the vehicle was based, was acquitted, in which case the application shall include the case number and a copy of any paperwork issued by the Court in connection with the acquittal.

 

3101.3If the information provided pursuant to subsection 3101.2 fails to demonstrate an applicant's eligibility for a refund, the Director of DPW may require additional information from or to be provided on behalf of an applicant in order to determine whether or not the applicant is entitled to a refund.

 

3101.4The Director of DPW may prescribe a form to be used by any applicant requesting a refund under this chapter.

 

3101.5All applications for refunds under this chapter shall be reviewed by the Director of DPW or his or her designee.

 

3101.6If the Director of DPW or his or her designee decides that the applicant is eligible for a refund, then he or she shall calculate the amount of the refund and ask the Chief Financial Officer to issue a refund to the applicant.

 

3101.7If the Director of DPW or his or her designee decides that the applicant is not eligible for a refund, then he or she shall notify the applicant, in writing, of his or her decision and the reason for that decision.

 

source

Final Rulemaking published at 56 DCR 3687 (May 8, 2009).