(a) Except as provided in subsections (d) and (e) of this section, an automated teller machine operated in the District shall be registered with the Commissioner by the operator of the automated teller machine. The operator shall pay annually to the Commissioner a nonrefundable registration fee of $500 for the first automated teller machine operated by the operator in the District and $50 for each additional automated teller machine operated by the operator in the District. If the operator does not pay the total annual fee imposed under this subsection, each automated teller machine of the operator in the District shall be considered not to be registered under this subsection.

(b) No refund or abatement of a registration fee paid under this section shall be made if the registration is surrendered, cancelled, revoked, or suspended before the expiration of the period for which the fee was paid.

(c) The Commissioner may suspend, revoke, or refuse to renew the registration of an operator under this section if the Commissioner finds that the operator or an owner, director, officer, member, partner, trustee, employee, or agent of the operator has:

(1) Made a material misstatement in the application for registration;

(2) Committed a fraud, engaged in dishonest activity, or made a misrepresentation in connection with the operation of the automated teller machine;

(3) Demonstrated a lack of competence in connection with the operation of the automated teller machine; or

(4) Violated any provision of this chapter or any regulation promulgated under this chapter.

(d) The registration requirement in subsection (a) of this section shall not apply to automated teller machines owned or operated by a depository institution insured by the Federal Deposit Insurance Corporation.

(e) The Electronic Fund Transfer Act, approved November 10, 1978 (92 Stat. 3728; 15 U.S.C. § 1693 et seq.), and any regulations issued, or that may be issued, under the Electronic Fund Transfer Act, except for those provisions, amendments, or regulations that establish crimes or provide for nonfinancial penalties, are hereby adopted as part of this chapter. Compliance with the Electronic Fund Transfer Act shall be considered to be compliance with this section.

(June 9, 2001, D.C. Law 13-308, § 510, 48 DCR 3244; Oct. 3, 2001, D.C. Law 14-28, § 2602, 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 60, 51 DCR 881.)

D.C. Law 14-28, in subsec. (a), substituted “Except as provided in subsections (d) and (e) of this section, an automated” for “An automated”; added subsec. (d) relating to applicability of the registration requirement; and added subsec. (e) relating to the Electronic Fund Transfer Act.

D.C. Law 15-105, in subsec. (e), validated previously made technical corrections.

For temporary (90 day) amendment of section, see § 2402 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).