§ 50–2304.02. Right of appeal.

(a) A person found liable by a hearing examiner after a reconsideration conducted pursuant to § 50-2303.11 may appeal the matter to the appeals board pursuant to the provisions of this subchapter; provided, that a denial by a hearing examiner of a motion to vacate a finding of liability based on a failure to appear at a scheduled hearing under § 50-2302.06(b) or a deemed admission under § 50-2302.05 or § 50-2303.05(d)(2) shall be appealed directly to the appeals board. The Director shall appoint an appeals board, pursuant to § 50-2304.01, to consider and determine appeals.

(b) A 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; July 23, 2014, D.C. Law 20-127, § 3(k), 61 DCR 5711.)

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).

The 2014 amendment by D.C. Law 20-127 rewrote (a); and substituted “A person” for “An aggrieved person” in (b).

Emergency Legislation

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).

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).

Temporary Legislation

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).

Legislative History

Legislative history of Law 20–127

See note to § 50-2301.04.

Editor's Notes

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.