D.C. Mun. Regs. tit. 22, r. 22-B10126

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

Rule 22-B10126 - DENIAL, RESTRICTION, SUSPENSION, OR REVOCATION OF A LICENSE

10126.1

The Director may take the following actions with respect to a license issued pursuant to the Act and § 10106 of this chapter:

(a) Refuse to issue, renew, or restore a license;

(b) Issue a provisional license pursuant to § 304(e)(2) of the Act (D.C. Official Code § 44-103.04(e)(2) );

(c) Restrict a license for one of the reasons listed in § 401 of the Act (D.C. Official Code § 44-104.01) or § 10127 of this chapter; or

(d) Suspend or revoke the license of an ALR that:

(1) Fails to meet all applicable requirements for renewal, as provided by § 304(e) of the Act (D.C. Official Code § 44-103.04(e) );

(2) Violates a condition or requirement of an imposed sanction, as provided by § 401(c) of the Act (D.C. Official Code § 44-104.01(c) ); or

(3) Is determined by the Director, after an inspection, to have life threatening deficiencies or deficiencies which seriously endanger the public's health and safety, asprovided by§306(d) of the Act (D.C. Official Code § 44-103.06(d) ).

10126.2

Except for an emergency suspension undertaken pursuant to § 404 of the Act (D.C. Official Code § 44-104.14), every applicant for or holder of a license, or applicant for reinstatement after revocation, shall be afforded notice and an opportunity to be heard prior to the action of the Director, if the effect of which would be one of the following:

(a) To deny an initial license for cause which raised an issue of fact;

(b) To suspend a license;

(c) To revoke a license;

(d) To refuse to restore a license;

(e) To issue a provisional renewal license; or

(f) To refuse to issue a renewal license for any cause other than failure to pay the prescribed fees.

10126.3

When the Director contemplates taking any action of the type specified in § 10126.2(a), the Director shall give to the applicant a written notice containing the following statements:

(a) That the applicant has failed to satisfy the Director as to the applicant's qualifications;

(b) The respect in which the applicant has failed to satisfy the Director; and

(c) That the denial shall become final unless the applicant files a request for a hearing with the Director within fifteen (15) days of receipt of the notice.

10126.4

When the Director contemplates taking any action of the type specified in paragraphs (b), (c), (d), (e), and (f) of § 10126.2, the Director shall give the licensee a written notice containing the following statements:

(a) That the Director has sufficient evidence (setting forth the nature of the evidence), which if not rebutted or explained, justifies taking the proposed action; and

(b) That the Director shall take the proposed action unless within fifteen (15) days of the receipt of the notice the ALR files with the Director a written request for a hearing or in the alternative submits documentary evidence for the Director's consideration before the Director takes final action.

10126.5

If the ALR does not respond to a notice required under §§ 10126.3 or 10126.4 within the time specified, the Director may, without a hearing, take the action contemplated in the notice. The Director shall inform the applicant or licensee, in writing, of the action taken.

10126.6

If the ALR chooses to submit documentary evidence but does not request a hearing, the Director shall consider the material submitted and take such action as is appropriate without a hearing. The Director shall notify the ALR in writing of the action taken.

10126.7

Service of any notice required by this section shall be in accordance with the rules provided in 22-B DCMR § 3109.

D.C. Mun. Regs. tit. 22, r. 22-B10126

Final Rulemaking published at 54 DCR 005591 (June 8, 2007); amended by Final Rulemaking published at 67 DCR 3717 (4/3/2020)