Judge should reduce or suspend the fine or any penalty. The Respondent also
shall submit any papers, photographs, or other materials supporting the
Respondent’s explanation. In DCTC cases filed in the DMV automatic ticket
database, Respondent may file any materials supporting the answer of Admit with
Explanation through the DMV database.
2804.9 OAH will send a copy of an answer of Admit with Explanation and supporting
materials to the Government, and will allow the Government twenty-one (21)
calendar days to reply. The Government must send the Respondent a copy of
everything the Government files in reply. In DCTC cases filed in the DMV
automatic ticket database, the Government has access to the answer of Admit with
Explanation and Respondent’s supporting materials through the DMV database.
Any reply by DCTC must be filed in the DMV database and also provided to the
Respondent.
2804.10 The Administrative Law Judge shall decide Admit with Explanation cases by
considering all the materials filed by the parties, including the exhibits filed with
the Notice, Respondent’s explanation and supporting materials, and the
Government’s reply and supporting materials. The Administrative Law Judge
will not hold a hearing, unless the parties’ materials are not sufficient to allow
him or her to decide the case.
2804.11 In an Admit with Explanation case, the Administrative Law Judge shall dismiss
the Notice if he or she determines that the Respondent did not commit or is not
responsible for the violation charged.
2804.12 In all civil fine cases, an Administrative Law Judge shall not impose a fine that
exceeds the fine amount the Government requests.
2804.13 In a case involving (a) a denial, revocation, suspension, or modification of a
license issued under the DCTC statute; or (b) any other order or action authorized
under the DCTC Act, other than a Notice of Infraction, OAH will schedule a
hearing as required by law or on the request of the Respondent. If the Respondent
requests a hearing, OAH shall schedule the hearing as required by law or as soon
as practicable. If the Respondent does not appear for a hearing, the
Administrative Law Judge may suspend the hearing and close the case.
2805 DEFAULTS IN CIVIL FINE CASES
2805.1 This section contains rules for deciding civil fine cases in which the Respondent
does not file an answer. There are separate procedures for Civil Infractions Act
cases, Litter Control Administration Act cases, and other cases, because the law
establishes different requirements for each of those cases.
2805.2 In a Civil Infractions Act case filed on or before September 30, 2010, if a
Respondent fails to answer a Notice of Infraction within the time allowed by law,