2803.1 Section 2803 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Civil Infractions Act (D.C. Official Code §§ 2-1802.01 – .05). In the event a civil infraction case is within OAH jurisdiction but has not had rules for procedure established by other law or regulation, Section 2803 shall also apply.

2803.2 The District shall file a Notice of Infraction, as authorized by law, at OAH when it is seeking a civil fine under § 2803. Notices of Infraction shall be individually submitted to OAH for filing in accordance with § 2811. The District shall also comply with §§ 2803.5 through 2803.7 when filing a Notice of Infraction under the Civil Infractions Act.

2803.3 The District shall only serve a copy of the Notice of Infraction on the Respondent as authorized by the Civil Infractions Act, or other applicable law.

2803.4 If a Respondent files an answer before the District files a Notice of Infraction, OAH shall open a case. The Administrative Law Judge may require the District to file the original Notice of Infraction.

2803.5 (a) If the District serves a Notice of Infraction to the Respondent by first-class mail, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it mailed the Notice of Infraction. When it files the Notice of Infraction, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, verifying that the United States Postal Service (USPS) did not return the Notice of Infraction to the District.

(1) If the USPS returns a Notice of Infraction to the District after it has filed the affidavit required by this Subsection, the District shall notify OAH by filing a new affidavit, on a form approved by the Chief Administrative Law Judge.

(2) If the USPS returns the Notice of Infraction to the District, the District may file proof of any alternative service of the Notice of Infraction.

(b) If the District serves a Notice of Infraction on the Respondent by electronic service, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it emailed the Notice of Infraction. When it files the Notice of Infraction, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, attesting why service at the recipient email address is reasonably

calculated to give actual notice to the Respondent. An affidavit, with supporting documentation, stating that the Respondent or Respondent's agent provided the District with their recipient email address; that the recipient email address was used for successful communication with Respondent within the past six (6) months; or that the email address was established for the registered agent of the Respondent in the District's corporate registration records, will create a presumption that electronic service to that address was valid.

(c) If the District serves a Notice of Infraction on the Respondent by personal service, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it served the Notice of Infraction. If the District serves a Notice of Infraction to the Respondent by personal service (hand-delivery), or by delivery to the Respondent's or other person's last known home or business address, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, providing specific facts from which the presiding ALJ can determine that the person served was either the Respondent (in the case of personal service) or a person of suitable age and discretion residing with or employed by the Respondent (in the case of delivery to their home or business).

(d) If the District serves a Notice of Infraction on the Respondent by conspicuous posting, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it posted the Notice of Infraction. If the District serves a Notice of Infraction by posting the notice in accordance with D.C. Official Code § 2-1802.05(b), the District shall also file an affidavit, on a form approved by the Chief Administrative Law Judge, affirming that the identity or location of the property owner is unknown.

2803.6 When the District files a Notice of Infraction, it shall file a copy of all exhibits it expects to offer at any hearing in the case and shall provide a copy of each exhibit to the Respondent. An Administrative Law Judge may allow the District to use exhibits that it did not file or provide in accordance with this Subsection if there is no prejudice to the Respondent.

2803.7 OAH may refuse to accept for filing or later dismiss any Notice of Infraction that does not comply with the applicable law or these Rules.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 58 DCR 10327 (December 9, 2011); as amended by Final Rulemaking published at 61 DCR 11854 (November 14, 2014); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024); as amended by Final Rulemaking published at 72 DCR 008051

(July 18, 2025).