D.C. Mun. Regs. tit. 17, r. 17-4102

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

Rule 17-4102 - NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

4102.1

A holder of a license (except a temporary license), certificate, or registration, or a person possessing a privilege to practice in the District under the Act, shall be given notice of, and an opportunity for, a hearing before the board regulating the health profession if the effect of the action would be one of the following:

(a) To revoke a license, certificate, registration, or privilege;

(b) To suspend a license, certificate, registration, or privilege;

(c) To reprimand the holder of a license, certificate, registration, or privilege;

(d) To impose a civil fine;

(e) To require a course of remediation;

(f) To require a period of probation; or

(g) To refuse to renew the license, certificate, or registration for any cause other than failure to pay the required renewal fee.

4102.2

If a board proposes to take an action of the type set forth in § 4102.1, it shall give written notice to the respondent in accordance with § 4105. The notice shall contain:

(a) One of the following statements:

(1) A statement that the board has sufficient evidence, which, if proven to be true, establishes that the respondent has failed to answer the complaint when ordered to do so by a board pursuant to § 4101.4; or

(2) A statement that the board has sufficient evidence in support of the complaint, which, if proven to be true, justifies taking the proposed action, and setting forth the nature of the evidence that serves as the basis for the underlying complaint;

(b) One of the following statements:

(1) That the board may take the proposed action, unless the applicant requests a hearing before the board by a letter addressed to the board, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the board may take the proposed action if the respondent fails to appear at a scheduled hearing; or

(2) That the board has scheduled a hearing on the proposed action, setting forth the date, time and place of the hearing, and that the board may take the proposed action if the respondent fails to appear at the hearing; and

(c) A description of the rights of the respondent at a hearing as specified in § 4109.3.

4102.3

An applicant for a license (other than a temporary license), certificate, or registration shall be given notice of and an opportunity for a hearing before the board regulating the health profession or the Director if the effect of the action would be one of the following:

(a) To deny permission to take an examination for any cause, except when the denial is based on the failure to meet a qualification over which the board has no discretion, including, but not limited to, the following:

(1) Failure to meet the minimum age requirement of eighteen (18) years; or

(2) Failure to meet educational or experience requirements where the acceptability of the educational program or quality of the experience is not an issue;

(b) To deny a license, certificate, or registration for any cause, except when the denial is based on the failure to meet a qualification over which the board has no discretion including, but not limited to, the following:

(1) Failure to pass an examination;

(2) Failure to meet the minimum age requirement of eighteen (18) years; or

(3) Failure to meet educational or experience requirements where the acceptability of the educational program or quality of the experience is not an issue;

(c) To deny a license or certificate by reciprocity or endorsement; or

(d) To impose a civil fine.

4102.4

If a board proposes to take an action of the type specified in § 4102.3, it shall give written notice to the applicant in accordance with § 4105. The notice shall contain the following:

(a) A statement that the applicant has failed to satisfy the board as to the applicant's qualifications to take the examination or to be approved for licensure;

(b) A statement that specifies in what respect the applicant has failed to satisfy the board; and

(c) One of the following statements:

(1) That the board may take the proposed action, unless the applicant requests a hearing before the board by a letter addressed to the board, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the board may take the proposed action if the respondent fails to appear at a scheduled hearing; or

(2) That the board has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the board may take the proposed action if the respondent fails to appear at the hearing; and

(d) A description of the rights of respondent at a hearing as specified in § 4109.3.

D.C. Mun. Regs. tit. 17, r. 17-4102

Final Rulemaking published at 34 DCR 5872, 5874 (September 11, 1987); as amended by Final Rulemaking published at 53 DCR 7387 (September 8, 2006)