D.C. Mun. Regs. tit. 16, r. 16-121

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

Rule 16-121 - CEASE AND DESIST ORDERS

121.1

If the Director of the Department has a reasonable basis to believe that any person has violated this chapter, he or she may give notice to that person of intent to hold a hearing to determine whether a cease and desist order with respect to the violation(s) should be issued.

121.2

The hearing shall be scheduled not sooner than fifteen (15) days from the date of the notice.

121.3

The notice to be given by the Department shall state the time and place for the hearing and the basis upon which the Department proposes to suspend the registrant's registration.

121.4

The notice shall be served upon the registrant personally or be served by one of the following means:

(a) By leaving the notice at the last business address (or home address, if there is no business address) of which the Department has been given notice by the registrant; or

(b) By mailing the notice by certified mail to the last business address (or home address if there is no business address) of which the Department has been given notice by the registrant; or

(c) In accordance with § 103, if the registrant is a non-resident.

121.5

Notice of the hearing shall be published in the D.C. Register at least fifteen (15) days prior to the date of the hearing.

121.6

The Department shall conduct the hearing in accordance with the provisions of § 10 of the D.C. Administrative Procedure Act (D.C. Code § 1-1509 (1981 Ed.)).

121.7

At the conclusion of the hearing, if the Director of the Department or his or her designee determines, upon the preponderance of testimony and evidence, that the person complained against has violated this chapter, the Director or designee shall do one of the following:

(a) State the findings and issue an order requiring the person complained against to cease and desist from the unlawful conduct and to take such affirmative action including restitution as will effectuate the purposes of this chapter, with notice that if the Department determines that the person complained against has not, after fifteen (15) calendar days following service of its order, corrected the unlawful practice and complied with the order, the Director of the Department will certify the matter to the Corporation Counsel and to such other agencies, as may be appropriate, for enforcement; or

(b) Immediately certify the matter to the Corporation Counsel for civil or criminal enforcement pursuant to this chapter.

121.8

Failure to comply with an order issued pursuant to this section shall constitute grounds for suspension of registration under § 120.

121.9

Any certification under this subsection, for the purpose of a civil proceeding, shall constitute a determination that there exists a prima facie case of violation of this chapter.

121.10

The Corporation Counsel may institute such civil proceedings in the name of the District of Columbia in an appropriate court, including the seeking of such restraining orders and temporary or permanent injunctions as are necessary to obtain complete compliance with the orders of the Department.

121.11

If, at any time after a complaint has been filed, the Director of the Department believes that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Director shall certify the matter to the Corporation Counsel who may bring, in the name of the District of Columbia, in an appropriate court, any action necessary to preserve such status quo or to prevent such harm, including the seeking of temporary restraining orders and preliminary injunctions.

121.12

If, at the conclusion of the hearing, the Director or his or her designee shall determine upon the preponderance of the testimony and evidence, that the person complained against has not violated this chapter, the Director or designee shall state his or her findings and issue an order dismissing the complaint.

D.C. Mun. Regs. tit. 16, r. 16-121