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District of Columbia Code Division I. Government of District. § 8-805. Hearing.

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(b)(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(g) Repealed.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 8-805. Hearing. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-8-805/

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