3105. FAILURE TO ANSWER THE NOTICE OF INFRACTION

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 following: (a) The name and address of the respondent; (b) An identification of the NOI to which the respondent has failed to respond in a timely manner, and the amount of the fine and penalty for such failure to respond; (c) Notification of the following: (1) That the respondent is subject to a penalty equal to the amount of the fine because of the respondent's failure to respond to the initial NOI in a timely manner, unless the respondent shows good cause for the failure to respond to the NOI in a timely manner; (2) That the respondent has a right to a hearing to show good cause for the failure to respond to the NOI in a timely manner and that, if the ALJ determines that there is good cause, the respondent has a right to a hearing on the infraction; (3) That, if the respondent fails to pay the fine and penalty or request a hearing within fifteen (15) days of the date of service of the second NOI the following shall occur: (A) The penalty for failure to answer in a timely manner shall increase to twice the amount of the initial fine and the respondent's license or permit may be suspended; and (B) The respondent shall be required to appear at a hearing to show cause why the respondent's license or permit should not be suspended for such failure to make timely payment or request a hearing; (4) That the respondent has no right to adjudication of the infraction by mail; and (5) That the acceptable forms of payment are as follows: (A) Cash, which is not acceptable by mail; or (B) A personal check, company check, certified check, cashier's check, postal money order, or bank money order payable to the order of the District of Columbia Treasurer; and (d) Any other information that the Director may require. 3105.3 A second NOI signed by the Director shall be prima facie evidence that the respondent has not answered the initial NOI in a timely manner. 3105.4 A second NOI shall be served and answered in the same manner as an initial NOI, with the following exceptions: (a) If a respondent admits the infraction, the respondent is required to include payment of the penalty, in addition to the fine, with the answer; (b) Respondent has no right to adjudication of the infraction by mail; and (c) Respondent has no right to a hearing on the infraction unless the respondent shows good cause for the failure to timely answer the initial NOI. To show good cause, a respondent shall request a hearing in the manner provided by §3103 within fifteen (15) days of the date the second NOI is served. Upon a showing of good cause, an ALJ may either proceed to consider the infraction or require the respondent to request another hearing on the infraction. 3105.5 A respondent who fails to answer a second NOI within fifteen (15) days of service: (a) Shall have no right to a hearing on the infraction unless the respondent establishes good cause for the failure to answer; and (b) Shall be required to appear at a hearing to show cause why the respondent's license or permit should not be suspended for such failure to answer. SOURCE: Final Rulemaking published at 34 DCR 5718, 5723 (September 4, 1987).