Code of the District of Columbia

§ 35–254(Perm). Penalties.

(a)(1) Except as provided in subsection (b)(1) of this section, a violation of § 35-251(b) or § 35-252 shall be punishable by a civil fine of not more than $50.

(2)(A) Violations penalized under this subsection shall be adjudicated by the Office of Administrative Hearings in accordance with subchapter II of Chapter 12 of Title 48; provided, that a person issued a notice of infraction shall not be assessed any additional penalties other than the civil fine for the violation, including the penalties described in §§ 48-1212(e) and 48-1213|(d).

(B) The Office of Administrative Hearings, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this paragraph.

(3) Individuals authorized to issue notices of infractions for the violations penalized under this subsection include any police officer with authority to make arrests within the District, including members of the Metro Transit Police Department.

(b)(1) A violation of section § 35-251(b)(6), (c) or (d) shall be punishable by a fine of not more than $300, imprisonment of not more than 90 days, not fewer than 30 hours of community service, or a combination of any 2 penalties, except that imprisonment and community service shall not be imposed together.

(2) The fine set forth in this subsection shall not be limited by Chapter 35B of Title 22.

(3) All prosecutions under this subsection shall be brought by the Attorney General for the District of Columbia.