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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 31. TAXICABS AND PUBLIC VEHICLES FOR HIRE |
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Chapter 31-7. ENFORCEMENT |
Section 31-704. NOTICES OF INFRACTION
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704.1The Office or a District enforcement official (including a vehicle inspection officer) may issue an NOI, imposing a civil fine or other civil penalty, whenever the Office or the District enforcement official has reasonable grounds to believe the respondent is in violation of a provision of this title or other applicable law.
704.2An NOI shall be in writing in a form prescribed by the Office and shall include:
(a)The name of the respondent;
(b)A citation or reference to the provision of this title or other applicable law which the respondent has violated;
(c)The circumstances giving rise to the infraction, including the time and place of the infraction;
(d)The amount of the civil fine applicable to the infraction;
(e)A statement that:
(1)The fine must be paid within thirty (30) calendar days of the date that the NOI has been served on the respondent;
(2)The respondent has the right to request a hearing before the Office of Administrative Hearings (“OAH”); and
(3)If the respondent fails to pay the fine or request a hearing within thirty (30) calendar days of the date the NOI is served on the respondent, a penalty equal to the amount of the fine may be imposed and the respondent’s license may be suspended until the fine has been paid; and
(f)Any other information that the Office may require.
704.3Each NOI shall be served and filed in the manner prescribed by § 712.
704.4In response to an NOI, a respondent shall file a written answer with OAH within thirty (30) days of the date the NOI is served on the respondent. The answer shall:
(a)Admit the infraction and pay the fine;
(b)Admit the infraction with an explanation, and providing any supporting documentation; or
(c)Deny the infraction and request a hearing.
704.5Payment of the fine shall not relieve the respondent of the obligation to abate the infraction cited in the NOI.
704.6If a respondent admits an infraction in the NOI, the respondent shall include payment of the fine with his or her answer. If respondent pays the stated fine but fails to indicate a specific answer, the respondent shall be deemed to have admitted the infraction.
704.7If a respondent responds to an NOI, does not pay the stated fine, and fails to state an answer as required by § 704.4, the respondent shall be deemed to have denied the infraction.
704.8If the respondent admits an infraction with an explanation, the respondent shall state on the NOI whether the respondent requests a hearing on the papers or an in-person hearing. The OAH may hold an in-person hearing in its sole discretion.
704.9If a respondent denies an infraction, OAH may schedule an in-person hearing in accordance with its rules.
704.10If a respondent does not answer the NOI within thirty (30) calendar days:
(a)OAH shall issue a default order; and
(b)A civil penalty equal to the amount of the fine imposed by the NOI shall be imposed by OAH in the default order.
704.11A civil penalty, including a fine, may be downwardly modified by OAH if:
(a)The downward modification is not inconsistent with the provision of this title or other applicable law which is the basis for the penalty;
(b)The Office is provided with an opportunity to present to OAH its opinion on a proposed downward modification or fine reduction; and
(c)The downward modification is based on a consideration of all relevant mitigating and aggravating factors.