District of Columbia Administrative Code

1810 ALTERNATIVE ADMINISTRATIVE ACTIONS 1810.1 The Director may enter into agreements of assurance of compliance or discontinuance prior to or as an alternative to denial, suspension, or revocation of license, as provided by §5(h) of the Act (D.C. Official Code §7-2804(h)). SOURC…

1811 APPEALS 1811.1 Any person aggrieved by a final action of the Director denying, revoking, or suspending a license may file with the Office of Administrative Hearings a written demand for a hearing, as provided in § 5(j) of the Act (D.C. Official Code § 7-2804(j)) and in accor…

1899 DEFINITIONS 1899.1 As used in this chapter, the terms and phrases set forth in this chapter shall have the meanings ascribed by the Act (D.C. Official Code § 7-2802) with the addition of the following: Chief of Police - the Chief of Police of the Metropolitan Police Departme…

200 GENERAL PROVISIONS 200.1 The provisions of this chapter apply to all persons engaged in the District of Columbia in the business of loaning money, except the following: (a) National banks; (b) Licensed bankers; (c) Trust companies; (d) Savings banks; and (e) Building and loan…

201 LICENSE REQUIREMENTS 201.1 It shall be unlawful for any person to engage in the District of Columbia in the business of loaning money without first obtaining a money lender's license. 201.2 A Money Lender's License Class A shall authorize the holder of the license to engage i…

202 APPLICATION FOR LICENSE 202.1 In addition to the requirements of § 2 of the 1913 Act, as amended (D.C. Code § 26-702 (1981 Ed.)), each application for a money lender's license shall include the verified signature under oath and the true and lawful name of the applicant if an …

203 ISSUANCE OF LICENSES 203.1 Each license certificate shall be issued in the true and lawful name of the individual (or of the person or persons comprising the firm, partnership, voluntary association; or of the joint-stock company or the corporation) authorized by the license …

204 CONDUCT OF THE BUSINESS 204.1 It shall be unlawful for any licensee to conduct this business under any other name than the name stated in the license certificate issued to the licensee. 204.2 Any licensee desiring to conduct his or her business under a name other than that st…

205 DUTIES OF LICENSEES TO BORROWERS 205.1 In addition to the duties imposed upon Class A licensees by the 1913 Act, Class A and Class B licensees shall deliver the following to each borrower at the time the loan of money is made: (a) A statement in writing showing in clear and d…

206 INTEREST 206.1 Interest shall be computed on the actual amount of the loan and shall not be charged or received to any greater rate than the maximum legal rate applicable to the loan of money. 206.2 No lender or licensee shall charge or receive any unaccrued interest on a loa…

207 INSURANCE 207.1 A licensee may require a borrower to pay the premium on insurance authorized by this section, but not otherwise. 207.2 A copy of the policy of insurance on which the premium is required by the licensee to be paid by the borrower shall be delivered by the licen…

208 REPOSSESSION 208.1 No person, except a licensee or the authorized agent of a licensee acting under or by virtue or a right or authority contained in the evidence of indebtedness of, or instrument of security for, a loan of money made by that licensee, shall repossess within t…

209 REPOSSESSION REGISTER 209.1 Each licensee shall maintain and have available at all times in the licensee's office or other place of business for inspection by the Director or the Director's designee in a separate bound register with non-removable pages to be provided by the l…

210 TRANSACTION REGISTER 210.1 Each licensee shall keep and maintain in his office or place of business a register, as required by § 4 of the 1913 Act, and each licensee shall enter in the register the data required by the Act. 210.2 The register shall be maintained from day to d…

211 PENALTIES AND FORFEITURES 211.1 In addition to all other penalties and forfeitures provided by law, any person violating any provision of this chapter, upon conviction, be fined three hundred dollars ($ 300), imprisoned for not less than thirty (30) days, or more than ninety …

299 DEFINITIONS 299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: 1901 Act - Sections 1178, 1179 and 1180 of the Act of March 1, 1901, (31 Stat. 1377, ch. 854) as amended. 1913 Act - the Act of February 4, 1913, (37 Stat. 657, ch. …

300 DEALERS AND SELLERS 300.1 Unless otherwise required by the context and except as provided otherwise in this section, the words "dealer" and "seller" mean any person other than a salesman who does the following for compensation: (a) Buys, sells, exchanges, or offers or attempt…

301 LICENSING REQUIREMENTS FOR DEALERS, SALESPERSONS, AUTOMOBILE REPOSSESSORS, AND SALES FINANCE COMPANIES 301.1 No person shall engage in business as a dealer, a salesperson, an automobile repossessor, or a sales finance company unless that person holds a proper license issued t…

302 LICENSE APPLICATION 302.1 Application for a license to act as a dealer, as a salesperson, as an automobile repossessor, or as a sales finance company shall be filed with the Department of Consumer and Regulatory Affairs (also referred to as the "Department") on a form prescri…

303 QUALIFICATIONS FOR LICENSES 303.1 To be qualified for a dealer's license, an applicant must demonstrate the following to the satisfaction of the Director: (a) That the applicant is trustworthy; (b) That the applicant intends to act as a bona fide dealer; (c) That the applican…

304 MAINTENANCE OF QUALIFICATIONS 304.1 All qualifications set forth in this chapter as prerequisite to the issuance of any license shall be maintained during the entire license period. 304.2 Failure to maintain any qualification set forth in this chapter shall be cause for suspe…

305 ISSUANCE OF LICENSES 305.1 If the Director or designee finds that an applicant for a license has the required qualifications, he or she shall issue the license. 305.2 When the Director issues a salesperson's license, the Director shall register the licensee as a salesman for …

306 CHANGE OF EMPLOYER OR TERMINATION OF EMPLOYMENT OF A SALESPERSON 306.1 When a licensed salesperson terminates his or her employment with one dealer and becomes employed by another or when a licensed salesperson takes employment with a new dealer for whom he or she has not pre…

307 BONDS OR OTHER SECURITY 307.1 Each applicant for license as a dealer or automobile repossessor and each applicant, other than a bank or trust company, for a license as a sales finance company, shall upon notification by the Director of the approval of an application, file in …

308 LICENSE FEES 308.1 License fees shall be set by the Mayor.

309 APPOINTMENT OF THE MAYOR AS ATTORNEY-IN-FACT 309.1 Subject to the provisions of this section, application for any license under this chapter shall be deemed equivalent to appointment by the applicant of the Mayor as the applicant's true and lawful attorney upon whom may be se…

310 GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF LICENSES 310.1 The license of each dealer, salesperson, automobile repossessor, and sales finance company shall be subject to denial, suspension, or revocation for any cause set forth in any other section of this chapter which …

311 PROCEDURE FOR DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE 311.1 Whenever the Director (or the Director's designee) finds that an applicant for a license under this chapter is deficient in one (1) or more of the qualifications for the license applied for, or whenever the Di…

312 APPEALS 312.1 Any person upon whom a notice has been served pursuant to § 311 may file with the Board of Appeals and Review a written notice of appeal. 312.2 The notice of appeal shall be filed within ten (10) calendar days from the date the notice is served personally on the…

313 INSPECTION OF RECORDS 313.1 The Director may, prior to approving an application for license under this chapter and from time to time during the license year, inspect any records of, and obtain information from, any applicant or licensee that the Director may consider necessar…

314 OUTDOOR STORAGE OF MOTOR VEHICLES 314.1 For purposes of this section, the following definitions shall apply: (a) “Lot” means a lot recorded on the records of the Surveyor of the District of Columbia. (b) The phrase “outdoor storage of motor vehicles” shall mean keeping, on th…

320 INFORMATION REQUIRED IN CONTRACTS 320.1 In the case of a retail installment transaction, all information itemized in the following captions shall be furnished in writing to the purchaser, and shall be set forth on the first page in the body of the retail installment contract:…

321 FORMAT OF INVOICES AND CONTRACTS 321.1 Spaces shall be provided on the first page of the retail installment contract for the signatures of the purchaser and the seller. 321.2 Except as otherwise provided in this chapter, all printed portions of the invoice and the retail inst…

322 DELIVERY OF CONTRACT TO BUYER 322.1 The original invoice shall be delivered to the purchaser at the time of the sale. 322.2 The duplicate copy of the retail installment contract shall be delivered to the purchaser at the time the purchaser signs the instrument of security. Hi…

323 ADVERTISING 323.1 No dealer shall in any advertisement for the sale of a motor vehicle use any word, term, or phrase which is deceptive, misleading, or which is bait advertising. 323.2 No dealer shall in any advertisement for the sale of a motor vehicle use any qualification …

324 DOWN PAYMENTS 324.1 No dealer shall demand or receive, either directly or indirectly, as a cash down payment any payment from any buyer in excess of the amount shown on the retail installment contract opposite the item captioned "CASH DOWN PAYMENT." 324.2 No promissory note a…

325 INSURANCE: TYPES AND AMOUNTS 325.1 A buyer who executes a retail installment contract may be required to provide, at the buyer's own cost, insurance covering the motor vehicle for the protection of the holder. 325.2 The insurance required under § 325.1 shall be limited to the…

326 CHANGE IN SOURCE OF INSURANCE OR CHANGE IN PREMIUM 326.1 In each retail installment contract in which a charge is included for insurance, if the holder is unable to purchase the insurance, or if the amount included for insurance is later determined to be more than the premium…

327 REFUND OF INSURANCE PREMIUMS 327.1 If insurance for which a charge is included in a retail installment contract is canceled or the premium adjusted, any refund of the insurance premium received by the holder shall be credited to installments of the instrument of security matu…

328 FINANCE CHARGES 328.1 Public Law 86-431, § 2 (D.C. Official Code §§ 50-602 et seq.), regulates and controls the maximum finance charges allowable in connection with the sale of motor vehicles. [See Also: D.C. Official Code §§ 28-3601 et seq.]. 328.2 The finance charge authori…

329 SCHEDULE OF PAYMENTS 329.1 Except as otherwise provided in § 330, all payments scheduled to be made under any instrument of security shall be in equal amounts and at regular intervals. 329.2 The regular intervals shall be monthly, semimonthly, biweekly, or weekly. 329.3 Each …

330 IRREGULAR OR UNEQUAL INSTALLMENTS 330.1 Notwithstanding the provisions of § 329, the interval for the first installment payment may be longer than the other intervals but shall not exceed ninety (90) days, except as may be permitted by § 330.4. 330.2 If the governmental charg…

331 TRANSFER OF EQUITY 331.1 An instrument of security may prohibit a buyer under a retail installment contract from transferring the buyer's equity in the motor vehicle to another person without the written consent of the holder. Upon giving this consent, the holder shall be ent…

332 SIGNING OF DOCUMENTS 332.1 No person shall execute on behalf of any dealer, and no dealer shall permit any person to execute for or on behalf of that dealer, any invoice or retail installment contract, unless prior to that signing the dealer has in writing designated that per…

333 HANDLING AND DELIVERY CHARGES 333.1 No dealer shall demand or receive any payment for conditioning, preparation, handling, or delivery charges respecting a used or second-hand motor vehicle sold under a retail installment contract. 333.2 Nothing in this section shall prohibit…