A Notice of Infraction, commonly called a NOI, is a citation issued by an inspector or investigator to an individual or business for allegedly violating a municipal regulation. The party is fined if found liable.

How do I respond to a NOI?

There are three options: you may admit the infraction, admit with an explanation or you may deny.

• Admit
  If you admit the commission of the violation, then you should pay the fine in full that is stated on the NOI. You may mail or pay in person.

• Admit With Explanation
  If you admit the violation with an explanation, you should either request a hearing or request that your case be handled by mail adjudication. Both extenuating and mitigating circumstances can be explained to the Administrative Law Judge (ALJ) at the hearing or by mail. If a respondent demonstrates extenuating and mitigating circumstances, the ALJ has the discretion to either reduce or suspend the fine. A respondent may demonstrate extenuating and mitigating circumstances by showing that the violation has been abated prior to the hearing, is in the process of being abated, or will be abated by a certain date. An admit with explanation can only be appealed if the ALJ imposes a fine which exceeds the amount assessed by law.

• Deny
  If you deny the infraction, you are contesting the alleged violation. The government must prove that you violated the law. Mail adjudication is not an option in denial cases, as the government must attend a hearing and present its case against the respondent.

What if I fail to answer a NOI and/or appear for a scheduled administrative hearing?

If you fail to answer a NOI or appear for a scheduled administrative hearing, a default judgment may be entered against you.

Do I have a right to be represented by legal counsel at an administrative hearing?

Yes.

What if I cannot afford an attorney?

You may contact the DC Bar, the various legal services, or local law school clinics to determine what pro bono (free of charge) legal services are available.

Can I represent myself at an administrative hearing?

Yes. You may appear and represent yourself or have a designated representative represent you.

Do I have a right to conduct discovery in my case?

In civil infraction cases and rental housing cases at the Office of Adjudication, discovery is limited to the issuance of subpoenas to compel the production of relevant and material documents. The subpoena must be on a form provided by the OAD and signed by an administrative law judge in the OAD.

What if a witness refuses to come to the hearing?

The OAD has subpoena powers to compel a witness to appear and/or to produce relevant and material documents. Enforcement of subpoenas is through the Superior Court of the District of Columbia.

Can I question the government's witnesses?

Yes. You may cross-examine (question) the government's witnesses to test the credibility or truthfulness of the witnesses.

How will I be notified of the OAD's ruling in my case?

The OAD will issue a written decision by first-class US mail to all parties containing findings of fact and conclusions of law.

Do I have a right to appeal an adverse decision?

Yes. If OAD issues a decision adverse to you, you may appeal within a stated time to the appropriate administrative or judicial body. See the instructions on how to appeal at the end of the decision and order.

Is there a record made of my hearing?

Yes by audiotape or compact disk, except in the case of an "admit" with explanation which is at the discretion of the administrative law judge presiding in the case. You may request a copy of your recorded hearing by paying the applicable fee.

How do I request a delay in my scheduled hearing?

Within five (5) days prior to your scheduled hearing, you may file a written motion for a continuance stating the basis of your request.

Can my hearing be conducted telephonically?

There are no provisions for telephone hearings at this time.

What is the Clean Hands Act? How does the act impact OAD's jurisdiction?

Before renewing or obtaining a permit or license, an applicant must certify to OAD that he owes not more than $100 to the Government of the District of Columbia in fines, penalties, or taxes. Filing of a false certification will result in a license or permit revocation hearing. If found liable, the applicant will be subject to the imposition of a fine, penalty, and costs.