§ 8-805 — Hearing.

(a) A hearing for judging a violation actionable under this chapter shall be held before a hearing examiner referred to in § 8-808 , and the hearing shall be conducted according to subchapter I of Chapter 5 of Title 2 .

(1) After due consideration of the evidence and arguments made at the hearing, the hearing examiner shall determine whether the violation has been established by a preponderance of evidence.

(2) Where a determination is made that a violation is not established, an order dismissing the charge shall be entered.

(3) Where a determination is made that the violation has been established, an appropriate order shall be entered in the records of the hearing.

(c) In the case of a person who is found liable for a violation, the hearing examiner may order the respondent to do any or all of the following:

(1) To abate the nuisance;

(2) To pay the civil fine established or stated in § 8-807(b) and (c); or

(3) If the person consents, to perform a specified number of hours of volunteer community service as provided for in § 8-807(e) and in rules required by § 8-810 .

(d) An order rendered pursuant to a determination that a violation has been established, or pursuant to the receipt of a response admitting the violation, shall be a civil order.

(e) A person who has responded to a notice of violation and fails, without good cause, to appear at the scheduled hearing shall be liable for a penalty equal to twice the amount of the civil fine plus any costs of abating or preventing the violation consistent with provisions of § 8-807 .

(f) If a person to whom a notice of violation has been issued fails to appear at a hearing, then the hearing examiner may proceed with the hearing and render a final disposition of the case.

(g) Repealed.

Legislative History

Mar. 25, 1986, D.C. Law 6-100, § 6, 33 DCR 781; May 20, 1994, D.C. Law 10-117, § 8(a)(1), 41 DCR 524; Mar. 6, 2002, D.C. Law 14-78, § 2(a), 48 DCR 11262)