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Office of Administrative Hearings
 

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Metropolitan Police Department

The Metropolitan Police Department (MPD) makes certain decisions and issues certain kinds of tickets that may be appealed to the Office of Administrative Hearings.

Security Officer Certification: 

If MPD denies, suspends or revokes a certification as a security officer, you may appeal that action to the Office of Administrative Hearings.  A copy of the MPD notice must be provided with the appeal request.  The Office of Administrative Hearings does not hear appeals involving special police officer licenses.

Firearms Registration:

If MPD denies, suspends or revokes a firearms registration, you may appeal that decision to the Office of Administrative Hearings.

Notices of Violation for Littering: 

MPD issues Notices of Violation for violations of the Litter Control Administration Act involving waste.  MPD then files these Notices with the Office of Administrative Hearings.

Persons receiving such Notices file their responses and payments with the Office of Administrative Hearings, which resolves any challenges to the Notices.  The instructions on the Notices explain that you can “admit” (take responsibility and pay the fine), “admit with explanation” (take responsibility but offer an explanation that the administrative law judge might take into account in deciding a fine) or “deny” (take no responsibility).  If you “admit with explanation,” MPD will be given a chance to respond to your explanation and then the administrative law judge will decide the case based on the papers submitted.  If you “deny,” an in-person hearing is scheduled at which MPD and you can present evidence.

Close attention should be paid to the instructions on the Notices of Violation.  There are deadlines for responding to the notices.  There is a penalty for responding after the deadline.  There is also a penalty if you “deny,” a hearing is scheduled, and you fail to appear for the hearing.

Sample Decisions

Sample Decisions

Administrative law judges issue a written decision for every case that is contested. The decisions below are examples of some issues raised in Office of Administrative Hearings’ cases involving this agency. You can review these decisions to get a sense of how prior cases were decided.

Please note that the facts of each case are different. These cases should be used for informational purposes only.

  • Carithers v. Metro. Police Dept, December 1, 2011 (reversing Notice of Denial of Security Officer Certification (17 DCMR 2102.2, 2104, 2105))
  • Coles v. Metro. Police Dept, February 4, 2010 (reversing denial of application to register a firearm (D.C. Official Code § 7-2502.3 (a) and (6A); 24 DCMR 2309.6))

Agency LawAgency Law

Administrative law judges base their decisions upon many sources of law, chief among them the District of Columbia laws (DC Official Code) and the District of Columbia regulations (DCMR). Depending on the type of case, federal law (US Code) and federal regulations (CFR) may also be relevant. Cases decided on the issues in other courts, especially the District of Columbia Court of Appeals, are relevant.

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