1040 PRESENCE OF ISSUER AT PARKING TICKET HEARING

1040.1 The issuer of any parking ticket shall appear at a scheduled hearing for that ticket if requested by the respondent at the time the respondent denies the notice of infraction; provided, that the denial was received by the Department within sixty (60) calendar days of the issuance of the notice of the infraction, as provided in sections 304 or 305 of The Traffic Adjudication Act, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code §§ 50-2303.04 or 50-2303.05) (2001).

1040.2 If the issuer fails to appear when required pursuant to § 1040.1, the hearing examiner may:

1. (a) Continue the hearing; or
2. (b) Proceed with the hearing without the presence of the issuer.

1040.3 After a hearing conducted under circumstances provided by § 1040.2(b), the ticket shall be dismissed if the hearing examiner determines that the testimony of the issuer is necessary to determining liability.

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by Final Rulemaking published at 52 DCR 929 (February 4, 2005).