District of Columbia Administrative Code

1011 FORMAT OF DOCUMENTS FILED IN PROCEEDINGS 1011.1 All typewritten documents shall be on strong, durable paper not larger than eight and one-half by fourteen inches (8 in. x 14 in.), except that other documents may be larger if folded to the size of the document to which they a…

1012 CONTENTS OF DOCUMENTS FILED IN PROCEEDINGS 1012.1 If there is no rule, regulation, or order of the Department which prescribes the content of a formal application, petition, complaint, motion, or other authorized or required document, the document shall contain a proper iden…

1013 SERVICE OF DOCUMENTS 1013.1 Formal notices, final orders, and similar documents issued by the Hearing Division will be served by the Division on all parties to the proceedings. 1013.2 Any document filed by any party with the Hearing Division or an Examiner shall be served up…

1014 AMENDMENT AND DISMISSAL OF DOCUMENTS 1014.1 If any document initiating or filed in a proceeding is not in substantial conformity with the rules applicable to its contents, or is otherwise insufficient, the Hearing Division may, on its own initiative, or on motion of any part…

1015 RESPONSIVE DOCUMENTS 1015.1 Answers to applications, complaints, petitions, motions, or other documents or orders instituting proceedings may be filed by any party to the proceedings or by any person who has a petition for intervention pending. 1015.2 Except as otherwise pro…

1016 STYLE OF PLEADINGS AND PETITIONS 1016.1 All pleadings, notices, orders and other papers filed under the provisions of this chapter shall be captioned "Before the Department of Motor Vehicles of the District of Columbia." 1016.2 A document shall contain the Department Docket …

1017 MOTIONS 1017.1 An application to the Director for an order or ruling not otherwise specifically provided for in this chapter shall be by motion. 1017.2 All motions shall be made at an appropriate time, depending upon the nature of the motion and the relief requested. 1017.3 …

1018 MOTIONS FOR LEAVE TO FILE CERTAIN DOCUMENTS 1018.1 The Hearing Division will accept otherwise unauthorized documents for filing only if leave has been previously obtained from the Division on written motion and for good cause shown. 1018.2 Motions for leave to file shall be …

1019 MOTION TO DISQUALIFY EXAMINER 1019.1 Any party desiring that an examiner disqualify himself or herself from participating in a decision shall file a motion supported by an affidavit setting forth the grounds for such disqualification within the period prescribed in § 1017. 1…

1020 SUBPOENAS 1020.1 Subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence for the purpose of hearings or reviews may be issued by the examiner to whom the case is assigned, or, in the event that an examiner has not been assigned t…

1021 DEPOSITIONS 1021.1 Any party desiring to take the deposition of a witness shall make application therefor in the form of a petition to the examiner assigned to the proceeding or, in the event that the examiner has not been assigned, to the Chief Examiner, setting forth the r…

1022 INTERROGATORIES 1022.1 Depositions may be taken and submitted on written interrogatories in substantially the same manner as oral depositions and shall be permitted under similar circumstances by the examiner. Two (2) copies shall be served on each party. 1022.2 Within seven…

1023 PRE-HEARING CONFERENCE 1023.1 Prior to any hearing, the examiner to whom the proceeding has been assigned may give notice of a pre-hearing conference to all parties to the proceeding and to other persons who appear to have an interest in the proceeding. 1023.2 The purpose of…

1024 FORMAL INTERVENTION 1024.1 Any person may move to intervene in a proceeding and may become a party thereto if the examiner finds that the party may be bound by the order to be entered in the proceeding or that the party has an interest that may not be adequately represented …

1025 APPEARANCES 1025.1 Any party to a proceeding may appear and be heard in person or through an attorney. 1025.2 No register of persons who may practice before the Department is maintained and no application for admission to practice is required. 1025.3 Any attorney practicing …

1026 WAIVER OF RIGHT TO APPEAR 1026.1 If all parties waive their right to appear before the examiner and present evidence personally or by representative, it shall not be necessary for the examiner to give notice of and conduct an oral hearing. 1026.2 A waiver of the right to app…

1027 STANDARDS OF CONDUCT FOR REPRESENTATIVES 1027.1 No representative appearing at a hearing pursuant to § 1025 shall do any of the following: (a) Engage in behavior that disrupts the hearing. (b) Refuse to obey the instructions of a hearing examiner as to procedure. (c) Engage …

1030 CONDUCT OF HEARINGS 1030.1 Hearings shall be open to the parties and to such other persons as the examiner considers necessary or proper. 1030.2 If the examiner believes that there is relevant and material evidence available which has not been presented at the hearing, the e…

1031 WITNESSES 1031.1 Witnesses at a hearing shall testify under oath or affirmation. 1031.2 The examiner may examine the witnesses and shall allow the parties or their representatives to do so. 1031.3 If the examiner conducts the examination of a witness, he or she may allow the…

1032 EVIDENCE: GENERAL PROVISIONS 1032.1 Evidence presented at a hearing shall be limited to material evidence relevant to the issues as drawn by the pleadings or other documents filed in the case, subject to later modifications of the issues which may be necessary to prevent inj…

1033 EXHIBITS AND OTHER DOCUMENTARY EVIDENCE 1033.1 When written exhibits are offered in evidence, one (1) copy shall be furnished to each of the parties at the hearing unless the parties have been furnished previously with copies or the examiner directs otherwise. 1033.2 If the …

1034 PROOF OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR 1034.1 The standards of competent proof, based upon a chemical test, set forth in this section shall be used to determine the condition of an operator of a motor vehicle with respect to the effect …

1035 AUTOMATED TRAFFIC ENFORCEMENT 1035.1 A photo radar device, as that term is used in this section, is a type of automated traffic enforcement system authorized by § 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official …

1036 [REPEALED] SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)). District of Columbia Municipal Regulations Vehicles and Traffi…

1037 OBJECTIONS TO PUBLIC DISCLOSURE OF INFORMATION 1037.1 Any person who objects to public disclosure of any information contained in any paper filed in any proceeding, shall segregate, or request the segregation of, such information into a separate paper and shall file it, or r…

1038 ARGUMENT BEFORE THE EXAMINER 1038.1 The examiner shall give the parties to the proceeding adequate opportunity during the course of a hearing for the presentation of arguments in support of or in opposition to motions, objections, and exceptions to rulings of the examiner. 1…

1039 TRANSCRIPTS 1039.1 Hearings shall be recorded or reported and shall be available for transcribing upon request of any party. 1039.2 Costs for transcripts of the record or of any portion shall be borne by the parties requesting the transcripts. 1039.3 Changes in the official …

1040 [REPEALED] SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by Final Rulemaking published at 52 DCR 929 (February 4, 2005); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (Jun…

1041 DECISIONS OF HEARING OFFICERS 1041.1 The examiner may announce his or her decision orally at the close of the hearing or he or she may decide not to announce it until rendering his decision in writing at a later date. 1041.2 Regardless of whether or not the decision is annou…

1042 REVIEW OF FINAL ORDERS OF HEARING EXAMINERS 1042.1 A person aggrieved by a final order of a hearing examiner in a proceeding that is a contested case within the meaning of the District of Columbia Administrative Procedure Act may obtain review of the final order by filing a …

1043 PETITION FOR REVIEW BY APPEALS BOARD 1043.1 [REPEALED]. 1043.2 Petitions for review shall comply with the requirements of petitions generally as provided in this chapter, and shall set out the requests for review. 1043.3 The provisions of § 1005 with respect to the issuance …

1044 APPEALS BOARD REVIEW OF DECISIONS 1044.1 An Appeals Board shall review decisions of examiners as provided in Title IV of the Traffic Adjudication Act, or this title. 1044.2 No person on the Appeals Board shall review any of his or her own orders or acts. 1044.3 In considerin…

1100 VIOLATONS OF LICENSE PROVISIONS 1100.1 No person shall do any act forbidden by or fail to perform any act required by the provisions of chapters 1 through 9 of this title. 1100.2 No person shall display, cause or permit to be displayed, or have in his or her possession any c…

1101 OFFENSES RELATED TO TITLE, REGISTRATION, AND IDENTIFICATION TAGS 1101.1 No person shall lend to another person any temporary registration certificate, registration certificate, identification tag, or temporary identification tag issued to him or her if the person desiring to…

1102 OFFENSES RELATED TO VEHICLE IDENTIFICATION NUMBERS 1102.1 No person shall deface an identification number of a vehicle for which a certificate is outstanding on any engine, engine block, transmission, or other location on a motor vehicle. 1102.2 No person shall knowingly acq…

1103 OFFENSES RELATED TO INSPECTION STICKERS 1103.1 No person shall make, issue, or knowingly use any imitation or counterfeit of an official inspection sticker. 1103.2 No person shall display or cause or permit to be displayed on any vehicle any approved inspection sticker knowi…

1104 FALSE STATEMENTS, ALTERATIONS, FORGERY, AND DISHONORED CHECKS 1104.1 No person shall make any false statement in any application or other document required by the terms of this title. 1104.2 No person shall alter, with fraudulent intent, any registration certificate, tempora…

1110 PENALTIES FOR VIOLATIONS 1110.1 Any person violating any provision of any of the following sections or subsections shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than thirty (30) days , or both…

1200 BICYCLES, MOTORIZED BICYCLES, AND PERSONAL MOBILITY DEVICES: GENERAL PROVISIONS 1200.1 This chapter shall apply to all bicycles operated upon all public space in the District of Columbia. 1200.2 No person may own or operate a bicycle in the District except in accordance with…

1201 SAFE OPERATION OF BICYCLES, AND MOTORIZED BICYCLES 1201.1 Every person who propels a vehicle by human power or rides a bicycle on a highway shall have the same duties as any other vehicle operator under this title, except as otherwise expressly provided in this chapter, and …

1204 BICYCLE SAFETY EQUIPMENT 1204.1 Each bicycle shall be equipped with a brake which enables the operator to cause the braked wheels to skid on dry, level, clean pavement; provided, that a fixed gear bicycle is not required to have a separate brake, but an operator of a fixed g…

1206 TRANSPORTING BICYCLES 1206.1 A mountable rack may be attached to a vehicle for the purpose of transporting a bicycle; Provided, that the number of bicycles transported in the rack shall not exceed the number which the rack is designed to carry. 1206.2 No mountable rack shall…

1207 SALE AND RENTAL OF BICYCLES 1207.1 Every person engaged in the business of buying or selling bicycles shall inform a purchaser of the purpose and procedure for registration of bicycles. 1207.2 [REPEALED] 1207.3 [REPEALED] 1207.4 Every person who sells or transfers a new bicy…

1208 BICYCLE RACKS 1208.1 No bicycle rack shall be placed on public space unless a permit has been obtained from the Mayor. 1208.2 [REPEALED] 1208.3 No permit shall be issued for any rack which would unduly obstruct pedestrian movement. 1208.4 There shall be no fee for rental of …