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Current through October 23, 2012
(a) In order to initiate a proceeding under subchapter I of this chapter and this subchapter, the Mayor shall serve a notice of infraction upon a respondent. The Mayor shall retain a copy of the notice of infraction, which shall bear a certification attesting to the matters set forth in the notice.
(b) The Mayor shall prepare the notice of infraction, which shall contain:
(1) The name and address of the respondent;
(2) A citation of the law or regulation alleged to have been violated;
(3) The nature, time, and place of the infraction;
(4) Where appropriate, the date by which the respondent must comply to avoid incurring a fine or penalty;
(5) The amount of the fine applicable to the infraction;
(6) The manner, place, and time in which the fine and penalties, if any, may be paid;
(7) Notice that failure to pay monetary sanctions may result in suspension of respondent's permit or license;
(8) Notice that failure to answer the notice of infraction within 15 days after the date of service, or other period which the Mayor may establish by rule, shall result in a penalty equal to twice the amount of the civil fine for the infraction set forth in the notice; and
(9) Notice of the respondent's right to request a hearing with respect to the infraction, and the procedure for requesting a hearing.
(c) If an administrative law judge or attorney examiner determines that a notice of infraction is defective on its face, the administrative law judge or attorney examiner shall enter an order dismissing the notice of infraction and shall promptly notify the respondent.
(Oct. 5, 1985, D.C. Law 6-42, § 201, 32 DCR 4450; Mar. 8, 1991, D.C. Law 8-237, § 2(e), (f), 38 DCR 314; Sept. 24, 2010, D.C. Law 18-223, § 2072(b), 57 DCR 6242.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2711.
Effect of Amendments
D.C. Law 18-223 rewrote par. (b)(8), which had read as follows:
(8) Notice that failure to answer the notice of infraction within 15 calendar days from the date of service, or other period which the Mayor may establish by rule or regulation, may result in penalties, and the amount of those penalties; and".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2072(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Legislative History of Laws
For legislative history of D.C. Law 6-42, see Historical and Statutory Notes following § 2-1801.01.
For legislative history of D.C. Law 8-237, see Historical and Statutory Notes following § 2-1801.06.
For Law 18-223, see notes following § 2-218.76.
