§ 2-1802.02. Answer.

Current through October 23, 2012

(a) In answer to a notice of infraction a respondent may:

(1) Admit the infraction;

(2) Admit the infraction with an explanation which the hearing examiner may take into account in the imposition of a sanction for the infraction; or

(3) Deny commission of the infraction.

(b) A respondent who responds to a notice of infraction but fails to indicate whether the respondent admits, admits with explanation, or denies the infraction shall be considered to have admitted the infraction if the respondent pays the appropriate fine and penalties, and shall otherwise be considered to have denied the infraction.

(d) A respondent admitting an infraction shall, at the time the respondent submits an answer, pay the applicable civil fine established pursuant to § 2-1801.04(a)(1), and any applicable penalties pursuant to § 2-1801.04(a)(2).

(e) A respondent shall answer a notice of infraction within 15 calendar days of the date the notice of infraction was served, or within any other time period the Mayor may establish by rule or regulation.

(f) If a respondent has been served a notice of infraction and fails, without good cause, to answer within the time period established in subsection (e) of this section, the respondent shall be liable for the penalty established pursuant to § 2-1801.04(a)(2).

(g) No notice of infraction issued pursuant to subchapter I of this chapter and this subchapter shall abridge or abrogate any time periods established by the laws and regulations amended by title IV regarding cure of an infraction.

                
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(Oct. 5, 1985, D.C. Law 6-42, § 202, 32 DCR 4450; Mar. 8, 1991, D.C. Law 8-237, § 2(h), 38 DCR 314; Sept. 24, 2010, D.C. Law 18-223, § 2072(c), 57 DCR 6242.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2712.

Effect of Amendments

D.C. Law 18-223 rewrote subsec. (f), which had read as follows:

"(f) If a respondent has been served a notice of infraction and fails, without good cause, to answer within the time period established in subsection (e) of this section, the respondent shall be liable for the penalty established pursuant to § 2-1801.04(a)(2)(A). The Mayor shall then serve a second notice of infraction upon the respondent. If the respondent fails to answer the second notice of infraction within 15 calendar days of service, or within any other time period the Mayor may establish by rule or regulation, the respondent shall be liable for the penalty established pursuant to § 2-1801.04(a)(2)(B)."

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2072(c) 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.

References in Text

"Title IV," referred to in (g), is title IV of D.C. Law 6-42.