Code of the District of Columbia

§ 50–2301.04. Hearing examiners.

(a) The Director shall appoint and prescribe the duties of a Chief Hearing Examiner and other hearing examiners as are necessary to implement the provisions of this chapter. The Chief Hearing Examiner and each hearing examiner appointed pursuant to this section shall serve as career service employees in accordance with § 1-608.01.

(b) The hearing examiners, in addition to the powers granted them by Chapter IX of Title 32 of the District of Columbia Rules and Regulations, shall have the following powers:

(1) To determine in prescribed cases whether a member of the Metropolitan Police Department or the Department of Transportation shall be called as a witness in an adjudication pursuant to subchapters II and III of this chapter;

(2) To impose sanctions for infractions under subchapter II of this chapter including:

(A) Monetary fines and penalties;

(B) The required attendance at traffic school; and

(C) The suspension of operators’ permits pending the payment of monetary fines and penalties or the successful completion of traffic school;

(3) To impose monetary fines and penalties for infractions under subchapter III of this chapter;

(4) Repealed;

(5) To suspend the imposition of traffic violation points (other than those based upon offenses listed in § 50-2302.02) conditioned upon:

(A) Good driving behavior; and

(B) The successful completion of traffic school or other rehabilitative measures.

(6) Repealed.


(Sept. 12, 1978, D.C. Law 2-104, § 104, 25 DCR 1275; Mar. 14, 1984, D.C. Law 5-66, § 2, 31 DCR 214; May 22, 1984, D.C. Law 5-83, § 2, 31 DCR 1683; Sept. 10, 1992, D.C. Law 9-148, § 2, 39 DCR 4915; Mar. 17, 1993, D.C. Law 9-206, § 2, 40 DCR 12; Apr. 9, 1997, D.C. Law 11-198, § 504(a), 43 DCR 4569; Mar. 14, 2007, D.C. Law 16-279, § 301(a), 54 DCR 903; July 23, 2014, D.C. Law 20-127, § 3(a), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-604.

1973 Ed., § 40-1104.

Section References

This section is referenced in § 31-2413 and § 50-1401.01.

Effect of Amendments

D.C. Law 16-279, in subsec. (b), repealed par. (6), which formerly read:

“(6) To adjudicate notices of civil infractions issued to taxicab operators or owners pursuant to 31 DCMR 825 including the power to:

“(A) Preside over a hearing in a contested matter;

“(B) Compel the attendance of a witness by subpoena, administer an oath, take testimony of a witness under oath, and dismiss, rehear, or continue a case; and

“(C) Issue a proposed decision including the imposition of a fine for a civil infraction set forth in 31 DCMR 825.”

The 2014 amendment by D.C. Law 20-127 repealed (b)(4).

Cross References

Compulsory/no-fault motor vehicle insurance, crimes and offenses, penalties, see § 31-2413.

District of Columbia administration, employment, advancement and retention of employees, see § 1-608.01.

Motor vehicle operators’ permits, operation of vehicle by person with expired permit, penalties, see § 50-1401.01.

Emergency Legislation

For temporary amendment of section, see § 504(a) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 504(a) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October29, 1996, 43 DCR 6151), and § 504(a) of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997(D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 day) amendment of section, see § 504(a) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

Transfer of Functions

The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.

Editor's Notes

Section 5 of D.C. Law 20-127, as amended by D.C. Law 20-155, § 7009, provided that the act shall apply as of October 1, 2014.