§ 50–2302.04. Notice of infraction.

(a) The notice of infraction shall be the summons and complaint for the purposes of this subchapter. The Director shall prescribe the form of the notice of infraction and shall establish procedures for the proper administrative controls over the dispersal thereof. The notice of infraction may be the same as the uniform traffic violation notice.

(b) The notice of infraction shall contain information advising the person to whom it is issued of the manner in which and the time within which he may answer the infraction alleged in the notice.

(c-1) Repealed.

(d) If a hearing examiner determines that a notice of infraction is defective on its face, he shall enter an order dismissing the notice of infraction and promptly notify the person to whom it was issued.

(Sept. 12, 1978, D.C. Law 2-104, § 204, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(d), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(b), 54 DCR 903; July 23, 2014, D.C. Law 20-127, § 3(e), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(b), 65 DCR 9546; Nov. 13, 2021, D.C. Law 24-45, § 7166, 68 DCR 010163.)

Prior Codifications

1981 Ed., § 40-614.

1973 Ed., § 40-1112.

Effect of Amendments

D.C. Law 13-289, in subsec. (c), substituted “30 calendar days” for “15 calendar days”; and, in subsec. (d), substituted “on its face, for reasons other than compliance with subsection (c) of this section” for “on its face”.

D.C. Law 16-279, in subsec. (c), increased the time for which a person has to answer the notice of infraction from 30 calendar days to 60 calendar days.

The 2014 amendment by D.C. Law 20-127 deleted “for reasons other than compliance with subsection (c) of this section” following “on its face” in (d).

Applicability

Applicability of D.C.Law 22-175: § 3 of D.C.Law 22-175 provided that the change made to this section by § 2(b) of D.C.Law 22-175 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Editor's Notes

Section 5 of D.C. Law 20-127, as amended by D.C. Law 20-155, § 7009, provided that the act shall apply as of October 1, 2014.