D.C. Mun. Regs. tit. 17, r. 17-4119

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

Rule 17-4119 - CEASE AND DESIST ORDERS

4119.1

A board or the Director shall serve a cease and desist order on a health professional issued under § 516 of the Act, D.C. Code § 2-3305.16 (1987 Supp.), in accordance with § 4105. The order shall take effect immediately upon service, unless the order states that it takes effect at a later time.

4119.2

An order issued under this section shall state the following:

(a) The action taken;

(b) The reasons for which the action was taken;

(c) That the action is effective upon service of the order or at a time and date specified in the order;

(d) That the respondent has a right to a hearing if the respondent requests a hearing in writing within fifteen (15) days of the service of the order;

(e) That the respondent has a right to an expedited hearing if the respondent requests an expedited hearing within ten (10) days of the service, and that such a request constitutes a waiver by the respondent of the right to fifteen (15) days notice under the Act;

(f) That the respondent's request for a hearing shall not stay the action;

(g) A description of a respondent's rights at a hearing as specified in § 4109.3; and

(h) The address to which the respondent's request must be delivered or mailed.

4119.3

If a respondent requests a hearing pursuant to § 516(b)(1) of the Act, D.C. Code § 2-3305.16(b)(1) (1987 Supp.), the board or, in the case of an order issued by the Director, an ALJ, shall hold a hearing no earlier than fifteen (15) days and no later than forty-five (45) days after the board or Director receives the request.

4119.4

If a respondent requests an expedited hearing pursuant to § 516(c)(1) of the Act, D.C. Code § 2-3305.16(c)(1) (1987 Supp.), the board or, in case of an order issued by the Director, an ALJ, shall hold a hearing no earlier than five (5) days and no later than ten (10) days after the board or Director receives the request. In this case the notice of the hearing shall be served on the respondent in accordance with § 4105 at least five (5) days prior to the hearing.

4119.5

A respondent may waive the respondent's right to a hearing within the time periods required by §§ 4119.3 and 4119.4.

4119.6

If a board renders a decision under this section, the decision shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review must be sought according to the rules of that Court.

4119.7

If an ALJ conducts a hearing under this section, the ALJ shall have all the powers and duties of a board under this chapter.

4119.8

If an ALJ renders a decision under this section, the decision shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the board regulating the health occupation and the time within which this review must be sought as specified in § 4123.

4119.9

A board or an ALJ rendering a decision under this section shall serve the respondent or the respondent's counsel with a copy of the decision as soon as practicable. If an ALJ renders a decision, the ALJ shall notify the board regulating the health occupation of the decision at the same time the ALJ notifies the respondent.

4119.10

A respondent who is aggrieved by a decision of an ALJ under this section may appeal the decision to the board regulating the health occupation in accordance with § 4123.

D.C. Mun. Regs. tit. 17, r. 17-4119

Final Rulemaking published at 34 DCR 5872, 5890 (September 11, 1987)