D.C. Mun. Regs. tit. 14, r. 14-9906

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

Rule 14-9906 - DENIAL, SUSPENSION, AND REVOCATION OF A LICENSE

9906.1

The Director may refuse to issue or renew, or may suspend or revoke, a license issued under this chapter for any reason set forth in this chapter or D.C. Official Code § 47-2844.

9906.2

The Director also may refuse to issue or renew, or may suspend or revoke, a license issued under this chapter on any of the following grounds:

(a) Conviction of the license holder for any criminal offense involving fraudulent conduct arising out of or based on the short-term rental being licensed;

(b) Willful or fraudulent circumvention by the licensee of any provision of District statute or regulation relating to the short-term rental;

(c) Employment of any fraudulent or misleading device, method, or practice relating to the short-term rental;

(d) The making of any false statement in the license application;

(e) Failure of a host to abide by the requirements set forth in §§ 9901.3 through 9901.8; or

(f) Failure of a host, after a license has been issued, to allow the Department to inspect for compliance as authorized by law.

9906.3

All qualifications set forth in this chapter as a prerequisite to the issuance of a license shall be maintained for the entire license period. Failure to maintain any qualification for license shall be cause for suspension or revocation of the license.

9906.4

If the Department proposes to deny, suspend or revoke a license, a written notice shall be provided to the applicant or licensee, which states the proposed action and the basis for the proposed action.

9906.5

The notice required under § 9906.4 shall advise the applicant or licensee of the right to request a hearing within twenty (20) business days (excluding Saturdays, Sundays, and legal holidays) from the date of the service of the notice.

9906.6

For suspensions and revocations, the notice shall advise that the action proposed or recommended will be taken at the expiration of twenty (20) business days after service of the notice unless an appeal is taken.

9906.7

For suspensions and revocations, the notice shall be:

(a) Served personally upon the applicant or licensee, or the applicant's or licensee's agent; or

(b) Sent by first class mail to the home or business address of the applicant or licensee, or the applicant's or licensee's agent, appearing on the application or license.

9906.8

A notice that is returned by the post office for reason of refusal of the addressee to accept delivery is deemed to have been properly served on the addressee by mail.

9906.9

An applicant or licensee may not file a separate application for licensure under this chapter during the appeal process.

9906.10

Any applicant or licensee on whom a notice has been served pursuant to § 9906.4 may file a written notice of appeal with OAH.

9906.11

All hearings and appeals shall be conducted pursuant to the regulations promulgated by OAH. Any stay of an OAH decision that results in the revocation of a license shall be issued pursuant to the procedures set forth by OAH.

D.C. Mun. Regs. tit. 14, r. 14-9906

Final Rulemaking published at 68 DCR 12598 (12/3/2021)