Code of the District of Columbia

Subchapter IV. Administrative Review.


§ 50–2304.01. Appeals boards.

The Director shall establish appeals boards to consider and determine appeals brought by persons aggrieved by decisions of hearing examiners. The Director shall appoint to each appeals board one employee of the Department of Transportation, one attorney from a list of practicing and willing attorneys submitted by the District of Columbia Bar or, if no such list is submitted, from a list compiled by the Director and one citizen from a list of willing citizens compiled and kept by the Director. In compiling and keeping such list of citizens, the Director shall consult with the various Advisory Neighborhood Commissions. The Director shall appoint a Chairperson for each appeals board. Members of appeals boards who are not employees of the District government shall receive compensation equivalent to the rate established for a GS-14 employee in the Civil Service prorated according to the number of hours actually served. Employees of the District government may not receive additional compensation but shall receive administrative leave during their actual service on an appeals board. All members of appeals boards shall receive reimbursement for actual expenses incurred. The Director shall designate employees of the Department to assist the appeals boards and shall provide such facilities and supplies as are necessary to enable the appeals boards to carry out their functions.


(Sept. 12, 1978, D.C. Law 2-104, § 401, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-631.

1973 Ed., § 40-1121.

Section References

This section is referenced in § 50-2304.02.

Transfer of Functions

The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.


§ 50–2304.02. Right of appeal.

(a) A person found liable by a hearing examiner after a reconsideration conducted pursuant to §  50-2303.11 may appeal the matter to the appeals board pursuant to the provisions of this subchapter; provided, that a denial by a hearing examiner of a motion to vacate a finding of liability based on a failure to appear at a scheduled hearing under §  50-2302.06(b) or a deemed admission under §  50-2302.05 or §  50-2303.05(d)(2) shall be appealed directly to the appeals board. The Director shall appoint an appeals board, pursuant to §  50-2304.01, to consider and determine appeals.

(b) A person who is successful in the appeal of a determination of the existence of liability or the sanction imposed under this subchapter, or both, shall be entitled to a refund of any fee imposed for bringing the appeal.


(Sept. 12, 1978, D.C. Law 2-104, § 402, 25 DCR 1275; Mar. 30, 2004, D.C. Law 15-108, § 2, 51 DCR 1340; July 23, 2014, D.C. Law 20-127, § 3(k), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-632.

1973 Ed., § 40-1122.

Effect of Amendments

D.C. Law 15-108 redesignated the text as subsection (a); and added subsec. (b).

The 2014 amendment by D.C. Law 20-127 rewrote (a); and substituted “A person” for “An aggrieved person” in (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Emergency Amendment Act of 2003 (D.C. Act 15-42, March 24, 2003, 50 DCR 2801).

For temporary (90 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Emergency Amendment Act of 2004 (D.C. Act 15-344, January 29, 2004, 51 DCR 1829).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 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 D.C. Law 20-127, § 5, see § 7009 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 D.C. Law 20-127, § 5, see § 7009 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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Temporary Amendment Act of 2003 (D.C. Law 15-16, June 21, 2003, law notification 50 DCR 5460).

Legislative History

Legislative history of Law 20–127

See note to § 50-2301.04.

Editor's Notes

Applicability of D.C. Law 20-127: Section 5 of D.C. Law 20-127, as amended by D.C. Law 20-155, § 7009, provided that the act shall apply as of October 1, 2014.


§ 50–2304.03. Scope of review.

Each appeals board shall review each case before it on the record and shall hold unlawful and set aside any action or findings and conclusions found to be:

(1) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;

(2) Repealed;

(3) In excess of statutory jurisdiction, authority or limitations or short of statutory rights;

(4) Without observance of procedure required by law, including any applicable procedure provided by this chapter; or

(5) Unsupported by substantial evidence in the record of the proceedings before the appeals board.


(Sept. 12, 1978, D.C. Law 2-104, § 403, 25 DCR 1275; Mar. 14, 2007, D.C. Law 16-279, § 301(j), 54 DCR 903.)

Prior Codifications

1981 Ed., § 40-633.

1973 Ed., § 40-1123.

Effect of Amendments

D.C. Law 16-279 repealed par. (2), which formerly read:

“(2) Contrary to constitutional right, power, privilege or immunity;”


§ 50–2304.04. Time limitation.

(a) No appeal shall be reviewed if it is filed more than 30 calendar days after service of notice of the determination appealed from.

(b) Service of notice under this section shall be complete 3 calendar days after the Department sends the reconsideration determination to the person.

(c) An appeal filed by mail shall be timely if postmarked within the 30-day period.


(Sept. 12, 1978, D.C. Law 2-104, § 404, 25 DCR 1275; July 23, 2014, D.C. Law 20-127, § 3(l), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-634.

1973 Ed., § 40-1124.

Effect of Amendments

The 2014 amendment by D.C. Law 20-127 substituted “30 calendar days” for “15 calendar days” in (a); rewrote (b); and substituted “30-day period” for “15-day period” in (c).

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 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 D.C. Law 20-127, § 5, see § 7009 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 D.C. Law 20-127, § 5, see § 7009 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).

Editor's Notes

Applicability of D.C. Law 20-127: Section 5 of D.C. Law 20-127, as amended by D.C. Law 20-155, § 7009, provided that the act shall apply as of October 1, 2014.


§ 50–2304.05. Judicial review.

Appeals from decisions of the appeals board shall be by application for the allowance of an appeal filed in the Superior Court of the District of Columbia within 30 days of the decision of the appeals board; provided, that appeals from the suspension or revocation of one’s license or privilege to drive shall continue to be governed by § 2-510. Except to the extent that this chapter provides otherwise, the manner of and standards for appeals to the Superior Court of the District of Columbia shall be as set forth in § 2-510.


(Sept. 12, 1978, D.C. Law 2-104, § 405, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-635.

1973 Ed., § 40-1125.