(a) A hearing for judging a violation of § 48-1201 shall be held before an administrative law judge and the hearing shall be conducted accordance with subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].

(b)(1) After due consideration of the evidence and arguments made at the hearing, the administrative law judge 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 violation 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 and the administrative law judge shall order the respondent to pay the civil fine set forth in § 48-1203.

(c) An order rendered pursuant to a determination that a violation has been established, or pursuant to the receipt of an answer admitting the violation, shall be a civil order.

(d) A person who has answered a notice of violation, but fails, without good cause, to appear at the scheduled hearing shall be found liable for the violation and in default and shall be assessed both the civil fine for the violation and an additional penalty equal to the amount of that civil fine.

(e) For the purposes of this section, the term “evidence” includes the notice of violation, confirmation that the substance seized has tested positive as marijuana, and any records or notes made by the law enforcement officer when the marijuana was seized; provided, that the seized marijuana shall not be required to be presented at the hearing as evidence and may be destroyed as contraband by the law enforcement agency that seized it.

(July 17, 2014, D.C. Law 20-126, § 203, 61 DCR 3482; Feb. 26, 2015, D.C. Law 20-155, § 3062, 61 DCR 9990.)

The 2015 amendment by D.C. Law 20-155 deleted “a statement from a law enforcement officer on the weight of the seized marijuana” following “violation” in (e).

For temporary (90 days) amendment of this section, see § 3062 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 3062 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 3062 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).