§ 50–2303.06. Hearing.

(a) Each hearing for the adjudication of a traffic infraction pursuant to this subchapter shall be held before a hearing examiner in accordance with Chapter 10 of Title 18 of the District of Columbia Municipal Regulations except as provided in this chapter.

(b) The burden of proof shall be upon the District, and no infraction may be established except upon proof by a preponderance of the evidence.

(d) Repealed.

(e) Repealed.

(f) After due consideration of the evidence and arguments, the hearing examiner shall determine whether the infraction has been established. Where the infraction is not established, an order dismissing the charges shall be entered. Where a determination is made that an infraction has been established or where an answer admitting the commission of the infraction or admitting the commission of the infraction with explanation has been received, an appropriate order shall be entered in the Department’s records. Where a determination has been made that the infraction has been established, the Department shall provide written notice of the decision to the respondent, including an accompanying explanation of why any evidence provided was insufficient.

(f-1)(1) The following facts shall be judicially noticed in all proceedings governed by the provisions of this subchapter:

(A) Facts that the courts of the District of Columbia find judicially cognizable;

(B) Generally recognized technical or specialized facts within the knowledge and experience of the hearing examiners of the Department;

(D) Any other matter or document that a hearing examiner finds is properly the subject of judicial notice.

(2) A fact contained in a document belonging to a category enumerated in paragraph (1) of this subsection shall be considered to have been physically incorporated into and made part of the record in a proceeding.

(g) The hearing examiner may impose a civil fine for violation of infractions to which this subchapter is applicable up to and including an amount prescribed by § 50-2301.05 exclusive of fees and charges imposed for the towing or booting of a vehicle or additional penalties imposed for failure to answer to such infraction in a timely manner.

(h) All civil fines and other monies collected pursuant to the provisions of this subchapter shall be paid into the General Fund of the District.

(Sept. 12, 1978, D.C. Law 2-104, § 306, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(j), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(h), 54 DCR 903; Mar. 20, 2009, D.C. Law 17-303, § 4(c), 55 DCR 12803; July 23, 2014, D.C. Law 20-127, § 3(i), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-626.

1973 Ed., § 40-1120.

Section References

This section is referenced in § 50-331 and § 50-2201.03.

Effect of Amendments

D.C. Law 13-289 substituted “Chapter 10 of Title 18 of the District of Columbia Municipal Regulations” for “Chapter IX of Title 32 of the District of Columbia Rules and Regulations” in subsec. (a); deleted “or admitted with explanation” following “has admitted” in the introductory paragraph of subsec. (c); and rewrote subsec. (d).

D.C. Law 16-279, in subsec. (e), extended the time to submit a written application to vacate from within 30 days of the effective date of the judgment to within 60 days of the effective date of the judgment.

D.C. Law 17-303, in subsec. (d), substituted “appropriate penalties and vehicle conveyance fee” for “appropriate penalties”.

The 2014 amendment by D.C. Law 20-127 repealed (c), (d), and (e); added the last sentence in (f); and added (f-1).

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

Chapter 10 of Title 18 of the DCMR (Vehicles and Traffic) (June, 1987) has replaced Chapter IX of Title 32 of the District of Columbia Rules and Regulations, referred to in (a).

Applicability of D.C. Law 20-127: 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.