D.C. Mun. Regs. tit. 22, r. 22-A3815

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

Rule 22-A3815 - SUMMARY SUSPENSION AND LICENSURE CONVERSION HEARINGS

3815.1

The Director may, prior to a hearing:

(a) Suspend the license of an MHCRF if the Director determines that existing deficiencies constitute an immediate or serious and continuing danger to the health, safety, or welfare of its residents;

(b) Convert an MHCRF's license to a provisional license if the facility has outstanding deficiencies, as set forth in § 3814.3, but is taking appropriate ameliorative actions ; or

(c) Convert its license to a restricted license as set forth in § 3814.4.

3815.2

Upon summary suspension or conversion of a license pursuant to § 3815.1, the Director shall give the MHCRF written notice of the suspension or conversion.

3815.3

The written notice of the suspension or conversion shall include a copy of the order of suspension or conversion, a statement of the grounds for the action, and notification that the MHCRF may, within seven (7) business days after receipt of the written notice, file with the Director a written request for an expedited preliminary review hearing with respect to the action. The hearing shall be held before OAH or a Hearing Officer as provided in §§ 3818.1 and 3818.2.

3815.4

If the MHCRF fails to timely request an expedited preliminary review hearing, the suspension or conversion shall remain in effect until terminated by the Director, or until a non-expedited hearing is requested and held pursuant to § 3818.

3815.5

If the MHCRF makes a timely request for an expedited preliminary review hearing, a hearing shall be convened within three (3) business days following receipt of the request.

3815.6

A request for a hearing, pursuant to § 3815.5, shall not stay the suspension or conversion order.

3815.7

At a preliminary review hearing, the Department shall have the burden of establishing a prima facie case of failure to meet or maintain the standards required by this chapter.

3815.8

At the conclusion of the hearing, the suspension or conversion order shall be either affirmed or vacated by the Administrative Law Judge (ALJ) or a Hearing Officer appointed by the Director. If affirmed, it shall remain in effect for no longer than thirty (30) days unless extended pursuant to § 3815.9. During this period, a final hearing shall be scheduled to consider the appropriateness of revocation or continuing restrictions on licensure.

3815.9

Before expiration of a suspension or conversion order, the ALJ or Hearing Officer may grant an extension for an additional thirty (30) days upon agreement of all the parties or upon good cause shown.

3815.10

Section 3818 pertaining to Conduct of Hearings shall apply to preliminary review and final hearings on summary suspensions and conversions, except that the ALJ or Hearing Officer may limit the evidence presented at expedited preliminary review hearings in accordance with the nature of the proceeding.

D.C. Mun. Regs. tit. 22, r. 22-A3815

Final Rulemaking published at 64 DCR 1633 (2/16/2018)