The Director shall establish appeals boards to consider and determine appeals brought by persons aggrieved by decisions of hearing examiners. The Director shall appoint to each appeals board one employee of the Department of Transportation, one attorney from a list of practicing and willing attorneys submitted by the District of Columbia Bar or, if no such list is submitted, from a list compiled by the Director and one citizen from a list of willing citizens compiled and kept by the Director. In compiling and keeping such list of citizens, the Director shall consult with the various Advisory Neighborhood Commissions. The Director shall appoint a Chairperson for each appeals board. Members of appeals boards who are not employees of the District government shall receive compensation equivalent to the rate established for a GS-14 employee in the Civil Service prorated according to the number of hours actually served. Employees of the District government may not receive additional compensation but shall receive administrative leave during their actual service on an appeals board. All members of appeals boards shall receive reimbursement for actual expenses incurred. The Director shall designate employees of the Department to assist the appeals boards and shall provide such facilities and supplies as are necessary to enable the appeals boards to carry out their functions.
(Sept. 12, 1978, D.C. Law 2-104, § 401, 25 DCR 1275.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-631.
1973 Ed., § 40-1121.
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
Transfer of Functions
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
(a) Any person who is aggrieved by a determination of a hearing examiner, either as to the existence of liability or the sanction imposed therefor, or both, may appeal such determination pursuant to this subchapter. The Director shall appoint an appeals board, pursuant to § 50-2304.01, to consider and determine the appeal.
(b) An aggrieved person who is successful in the appeal of a determination of the existence of liability or the sanction imposed under this subchapter, or both, shall be entitled to a refund of any fee imposed for bringing the appeal.
(Sept. 12, 1978, D.C. Law 2-104, § 402, 25 DCR 1275; Mar. 30, 2004, D.C. Law 15-108, § 2, 51 DCR 1340.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-632.
1973 Ed., § 40-1122.
Effect of Amendments
D.C. Law 15-108 redesignated the text as subsection (a); and added subsec. (b).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Temporary Amendment Act of 2003 (D.C. Law 15-16, June 21, 2003, law notification 50 DCR 5460).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Emergency Amendment Act of 2003 (D.C. Act 15-42, March 24, 2003, 50 DCR 2801).
For temporary (90 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Emergency Amendment Act of 2004 (D.C. Act 15-344, January 29, 2004, 51 DCR 1829).
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
Law 15-108, the "Traffic Adjudication Appeal Fee Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-211, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on December 2, 2003, and January 6, 2004, respectively. Signed by the Mayor on January 27, 2004, it was assigned Act No. 15-295 and transmitted to both Houses of Congress for its review. D.C. Law 15-108 became effective on March 30, 2004.
Each appeals board shall review each case before it on the record and shall hold unlawful and set aside any action or findings and conclusions found to be:
(1) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;
(2) Repealed;
(3) In excess of statutory jurisdiction, authority or limitations or short of statutory rights;
(4) Without observance of procedure required by law, including any applicable procedure provided by this chapter; or
(5) Unsupported by substantial evidence in the record of the proceedings before the appeals board.
(Sept. 12, 1978, D.C. Law 2-104, § 403, 25 DCR 1275; Mar. 14, 2007, D.C. Law 16-279, § 301(j), 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-633.
1973 Ed., § 40-1123.
Effect of Amendments
D.C. Law 16-279 repealed par. (2), which formerly read:
"(2) Contrary to constitutional right, power, privilege or immunity;"
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
For Law 16-279, see notes following § 50-312.
(a) No appeal shall be reviewed if it is filed more than 15 calendar days after service of notice of the determination appealed from.
(b) Service of notice under this section shall be complete when the respondent is orally informed of the determination at the hearing or, if the respondent is not orally informed at the hearing, service of notice shall be complete 3 calendar days after the Department mails notice of the determination to the respondent.
(c) An appeal filed by mail shall be timely if postmarked within the 15-day period.
(Sept. 12, 1978, D.C. Law 2-104, § 404, 25 DCR 1275.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-634.
1973 Ed., § 40-1124.
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
Appeals from decisions of the appeals board shall be by application for the allowance of an appeal filed in the Superior Court of the District of Columbia within 30 days of the decision of the appeals board; provided, that appeals from the suspension or revocation of one's license or privilege to drive shall continue to be governed by § 2-510. Except to the extent that this chapter provides otherwise, the manner of and standards for appeals to the Superior Court of the District of Columbia shall be as set forth in § 2-510.
(Sept. 12, 1978, D.C. Law 2-104, § 405, 25 DCR 1275.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-635.
1973 Ed., § 40-1125.
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
