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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 24. PUBLIC SPACE AND SAFETY |
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Chapter 24-13. CIVIL FINES UNDER D.C. LAW 6-100 |
Section 24-1307. SCHEDULING OF HEARINGS
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1307.1If a Notice of Violation is answered with a response of "Deny" or "Admit with Explanation," and the presence of the issuing agent is not requested by either the respondent or the Department, an immediate hearing may be conducted by appearing at the location described on the Notice within the time prescribed on the Notice.
1307.2A hearing shall be scheduled for a specific date and time when the presence of the issuing agent or independent third party is requested by either the respondent of the Department.
1307.3The date, time, and place of the scheduled hearing may be changed by the Department so long as the respondent receives notice of the change no less than three (3) days prior to the original hearing date.
1307.4The Director, at his or her discretion, may set additional or alternate times and days for hearings to meet the needs of the Department.
1307.5Failure of a respondent to appear at a previously scheduled hearing without good cause or a duly granted continuance shall result in the imposition of a penalty equal to twice the amount of the original civil fine.
1307.6If a respondent fails to appear at a scheduled hearing, without good cause or a duly granted continuance, the Hearing Examiner may enter a judgement by default sustaining the charges, fixing the appropriate fine and assessing the appropriate penalties pending the posting of any and all abatement costs incurred by the Department.
1307.7Failure to comply with the sanctions imposed by the Hearing Examiner shall result in the entry of a judgement by default.
1307.8A default judgement entered in accordance with this section may be vacated upon written application to the Director or his or her designee. The application shall include a reason explaining why the respondent failed to appear at the scheduled hearing or failed to comply with the sanctions imposed by the Hearing Examiner, and a defense to the violation(s) cited on the original Notice(s).