District of Columbia Administrative Code

334 WARRANTIES AND GUARANTEES 334.1 No dealer shall demand or receive any payment for a warranty or guarantee respecting a motor vehicle sold under a retail installment contract. 334.2 Nothing in this section shall prohibit a dealer from including a charge for a warranty or guara…

335 STATEMENTS OF ACCOUNT AND RECEIPTS 335.1 Upon written request of a buyer, the holder of an instrument of security or refinancing contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the instrume…

336 UNAUTHORIZED CHARGES AND CONTRACT PROVISIONS 336.1 Except as provided in this chapter, no dealer or holder shall exact from any buyer anything of value for any service or function in connection with the sale or financing of a motor vehicle or for the execution or recording of…

337 PREPAYMENT AND REFUNDS 337.1 Notwithstanding the provisions of any instrument of security or refinancing contract to the contrary, any buyer may, at any time before maturity, prepay the balance due under that instrument or contract in full in cash or, with the approval of the…

338 REFINANCING RETAIL INSTALLMENT CONTRACTS 338.1 The holder of an instrument of security or of a refinancing contract, upon request by the buyer, may agree to an amendment to that contract or instrument to extend the scheduled due date of all or any part of any installment or i…

339 SALE OR TRANSFER OF VEHICLE OR INSTRUMENT OF SECURITY 339.1 The assignment by the holder of an instrument of security to a dealer who is liable to the holder under a guaranty, an endorsement, or a repurchase agreement relating to that instrument of security shall not constitu…

340 REPOSSESSION 340.1 When a buyer is in default in any of the following, the holder may repossess the motor vehicle: (a) The payment of any sum due under an instrument of security; (b) The performance of any other condition which the instrument of security lawfully requires the…

341 HOLDER'S DUTIES ON REPOSSESSION 341.1 At least ten (10) days before any motor vehicle is repossessed, the holder may deliver to the buyer personally, or send to the buyer's last known address by registered or certified mail, a written notice of the holder's intention to repos…

342 BUYER'S RIGHT TO REDEEM THE VEHICLE 342.1 To redeem the motor vehicle the buyer shall do the following: (a) Pay or tender the amount due under the agreement at the time of redemption, without giving effect to any contractual provision which allows acceleration of any installm…

343 REPOSSESSION RIGHTS OF HOLDER AND BUYER 343.1 The provisions of § 341 shall apply to any motor vehicle that is the subject of pending legal process to obtain such possession, until the date of issuance of a court order granting the holder possession of the vehicle pursuant to…

344 SALE OF REPOSSESSED MOTOR VEHICLE 344.1 If the buyer has paid less than fifty percent (50%) of the cash sale price of the motor vehicle, the holder may sell the motor vehicle at public or bona fide private sale or at public auction, unless the buyer within the fifteen (15) da…

345 PROCEEDS OF SALE OF REPOSSESSED MOTOR VEHICLE 345.1 In the case of a private sale of a repossessed motor vehicle, the proceeds of the sale shall be deemed to be the larger of either the amount actually received as the consideration for that sale or the fair market value of th…

346 CONSUMER REMEDIES 346.1 For purposes of this section, a deficiency does not arise unless the holder has complied with all requirements of §§ 340 through 345 of this chapter, including the mandatory and discretionary notice requirements set forth in § 341. 346.2 Any failure to…

350 SAMPLE CONTRACT FORMS 350.1 No dealer shall use any invoice or retail installment contract unless a sample form of that invoice or contract has first been approved by the Director as being in accordance with this chapter. 350.2 Reproductions of the invoice and the retail inst…

351 IDENTIFICATION OF SALESPERSONS 351.1 Each salesperson, while actually engaged in selling or buying or attempting to sell or buy motor vehicles for or on behalf of any dealer by whom he or she is employed, shall carry on his or her person the identification card issued to him …

352 SALESPERSONS' ACTIONS ON BEHALF OF DEALERS 352.1 No licensed salesperson shall sell or buy or offer to sell or buy motor vehicles for any employer except the licensed dealer or dealers by whom he or she is employed and for whom he or she is registered in the Department. 352.2…

353 PENALTIES 353.1 In accordance with D.C. Official Code § 50-607, any person who violates any provision of this chapter shall be guilty of a misdemeanor and punished by a fine not exceeding five hundred dollars ($ 500) or by imprisonment for not more than six (6) months, or bot…

399 DEFINITIONS 399.1 For purposes of this chapter and in addition to the definitions set forth in D.C. Official Code § 60-601, the following terms and phrases shall have the meanings ascribed: Amount Credited for any Trade-in - the figure representing the value agreed upon by th…

3100 GENERAL PROVISIONS 3100.1 This chapter shall set forth the administrative procedures implementing the Act. The Schedule of Fines, which establishes the civil penalties for specific infractions subject to administrative adjudication under the Act, is in Chapter 32 of this tit…

3101 NOTICE OF INFRACTION 3101.1 A Notice of Infraction (NOI) shall be in a form prescribed by the Director. 3101.2 A properly completed NOI signed by the issuing agent shall be prima facie evidence of the validity of the issuance and the truth of the facts alleged in the NOI. 31…

3102 SERVICE OF THE NOTICE OF INFRACTION 3102.1 The Director shall effect service of an NOI on a respondent by one of the following methods: (a) Personal service on the respondent or respondent's agent; (b) Delivering the NOI to the last known home or business address of the resp…

3103 ANSWERING THE NOTICE OF INFRACTION 3103.1 A respondent shall answer an NOI in accordance with this section within fifteen (15) days from the date of service of the NOI. 3103.2 In response to an NOI, a respondent shall do the following: (a) Answer the NOI in one of the follow…

3104 ABATEMENT OF INFRACTIONS 3104.1 The Director shall monitor and verify the abatement of all violations. Respondent will be subject to additional NOIs for failure to abate. 3104.2 The requirements of this section shall apply to respondents who have admitted an infraction, admi…

3105 FAILURE TO ANSWER THE NOTICE OF INFRACTION 3105.1 If a respondent fails to answer an NOI within fifteen (15) days of date of service, the Director shall issue and serve upon respondent a second NOI, in a form prescribed by the Director. 3105.2 A second NOI shall include the …

3106 ADJUDICATION BY MAIL 3106.1 Adjudication by mail shall be available only to a respondent who answers an initial NOI in a timely manner and admits the infraction with explanation. 3106.2 A respondent who admits an infraction with explanation shall submit with the NOI all evid…

3107 PRE-HEARING FILINGS 3107.1 The Director may require that the parties file, at least five (5) days prior to the hearing and on a form approved by the Director, the following information: (a) The name and address of each witness who may be called to testify during the hearing;…

3108 MOTIONS 3108.1 Parties, witnesses, and other persons may file appropriate motions, including motions to intervene or to join another party to the action. 3108.2 A party filing a motion shall serve it on all parties to the hearing. 3108.3 A party opposing a motion shall respo…

3109 CONDUCT OF HEARINGS 3109.1 A general partner may represent the partnership at a hearing. 3109.2 A director or officer of, or attorney for, a corporation may represent the corporation at a hearing. 3109.3 A respondent shall have the following rights at a hearing: (a) To appea…

3110 AMENDMENTS TO THE NOTICE OF INFRACTION 3110.1 If, during a hearing, the Director has cause to believe that the respondent committed an additional infraction for which the respondent has not been charged, the Director may move to amend the NOI during the hearing to add the ne…

3111 RECORD OF PROCEEDINGS 3111.1 An official record of the hearing shall be maintained in each case, including, but not limited to, testimony and exhibits. A transcription of the hearing shall not be made unless requested pursuant to §3120. 3111.2 The testimony and exhibits, tog…

3112 FAILURE TO APPEAR AT A HEARING 3112.1 If a respondent fails to appear for a scheduled hearing, and the hearing has not been continued, postponed, or rescheduled, the ALJ may receive evidence and hear testimony of witnesses who have appeared and render a final decision based …

3113 FINAL DECISION 3113.1 A decision of an ALJ shall be final upon issuance. 3113.2 A decision of an ALJ shall be in writing and must be issued within ninety (90) days of the date the hearing is concluded or the request for an adjudication by mail is received. 3113.3 A decision …

3114 COST, PENALTIES, AND INTEREST 3114.1 A respondent may be subject to one or more of the following penalties and costs: (a) A penalty equal to the amount of the fine, if a respondent fails to answer an NOI within fifteen (15) days from the date of service; (b) A penalty equal …

3115 INSTALLMENT AGREEMENTS AND PAYMENT 3115.1 No person HYPERLINK "http://shall.be/" shall be eligible to apply for an installment agreement except as provided in this section. 3115.2 A respondent who has been served a decision in which monetary sanctions of fifty dollars ($50) …

3116 PAYMENT 3116.1 The following shall be the only acceptable forms of payment of a fine, penalty, cost, or other charge imposed under this chapter or the Act: (a) Cash; (b) Credit Card or other electronic payment; or (c) A personal check, company check, certified check, cashier…

3117 COLLECTION PROCEEDINGS AND LIENS 3117.1 The failure of a respondent to pay monetary sanctions imposed by an ALJ or to comply with a decision of an ALJ within fifteen (15) days of the date of service of the decision shall subject the respondent to suspension of the respondent…

3118 ADMINISTRATIVE APPEALS 3118.1 This section shall apply to all appeals from decisions of ALJ or attorney examiners issued pursuant to this Act, except for appeals made to the District of Columbia Board of Appeals and Review. 3118.2 A notice of appeal from a decision issued by…

3119 STAY PENDING APPEAL 3119.1 The timely filing of a notice of appeal shall not operate to stay the final decision of an ALJ. 3119.2 Upon motion of the respondent, an ALJ may stay the imposition of any sanction imposed pending appeal. 3119.3 A respondent who submits a motion pu…

3120 TRANSCRIPTS OF HEARINGS 3120.1 Transcripts of hearings may be ordered from the Director on a form prescribed by the Director. 3120.2 The fee for transcripts shall be three dollars and fifty cents ($3.50) per page. 3120.3 A person ordering a transcript shall submit a deposit …

3121 COMPUTATION OF TIME 3121.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, or legal holiday, in which event the time period…

3199 DEFINITIONS 3199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Act - the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Official Code §§2-1801 et seq. Administrative Law Judge …

3200 CLASSES OF INFRACTIONS 3200.1 The schedule of fines set forth in this chapter shall include the following classes: (a) Class 1 - Egregious infractions that result from flagrant, fraudulent, or willful conduct, or unlicensed activity, or that are imminently dangerous to the h…

3201 FINE AMOUNTS 3201.1 The fines for the infractions specified in § 3200.1 shall be as follows: (a) For Class 1 infractions, the fines are as follows: (1) For the first offense $ 2,000; (2) For the second offense $ 4,000; (3) For the third offense $ 8,000; (4) For the fourth an…

3300 ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE 3300.1 The civil infractions set forth in this chapter are subject to the provisions of Chapter 31 (Administrative Procedures) and Chapter 32 (Schedule of Fines) of this title. SOURCE: Final Rulemaking published at 4…

3301 BUSINESS AND PROFESSIONAL LICENSING ADMINISTRATION INFRACTIONS 3301.1 Violation of any of the following provisions shall be a Class 1 infraction: (a) D.C. Official Code § 47-2808 (crying or conducting an auction without a license endorsement); (b) D.C. Official Code § 47-281…

3302 CORPORATION DIVISION INFRACTIONS 3302.1 Violation of any of the following provisions shall be a Class 1 infraction: (a) Submitting a document pursuant to the District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2010, effective July 11, 2011 (…

3303 DCRA OFFICE OF INVESTIGATION - WEIGHTS AND MEASURES INFRACTIONS 3303.1 Violation of any of the following provisions shall be a Class 1 infraction: Chapter 118, Section 32a of An Act To establish standard weights and measures for the District of Columbia; to define the duties…