D.C. Mun. Regs. tit. 1, r. 1-2899

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2899 - DEFINITIONS

For the purposes of this chapter the term:

Agency shall have the same meaning as the term is defined in D.C. Official Code §§ 2-502(3).

Civil Infractions Act means the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code §§ 2-1801.01 - .05.

Clerk means the OAH Clerk of Court or authorized designee.

Commercial carrier means a business that accepts and delivers parcels, such as Federal Express or the United Parcel Service.

District of Columbia or District means the District of Columbia, or any government agency authorized by law to prosecute cases before OAH and whose administrative litigation falls under the jurisdiction of OAH, but does not include OAH.

Exhibit means a document, photograph, an audio or video recording, an electronic item, or any non-documentary or physical evidence filed with a paper, or offered into evidence at a proceeding.

In-person proceeding means a proceeding that is held in an OAH courtroom with all participants physically present in the same location.

Litter Control Administration Act means the Litter Control Administration Act of 1985, D.C. Official Code §§ 8-801 - 812.

Motion means a request for an Administrative Law Judge to take some action.

OAH Establishment Act means the Office of Administrative Hearings Establishment Act of 2001, D.C. Official Code §§ 2-1831.01 - .19.

Paper means any pleading, motion, exhibit, witness list, or any other written submission filed with OAH.

Party means persons or entities who begin a case at OAH or the persons or entities on the other side.

Presiding Administrative Law Judge means an Administrative Law Judge assigned to a particular case.

Respondent means the person or entity against whom the District seeks payment of a fine for a Notice of Infraction or a Notice of Violation.

Signature means

(1) an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;

(2) a scanned version of an original signature that has been copied and pasted into a PDF document; or (3) a person's name written in ink.

Teleconferencing means the use of a remote digital platform, used through an audio-only option, that sends audio signals over a transmission circuit so that two or more individuals can communicate with each other while in different physical locations.

Videoconferencing means the use of a remote digital platform that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers.

D.C. Mun. Regs. tit. 1, r. 1-2899

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 51 DCR 9322 (October 1, 2004) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12573 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .