D.C. Mun. Regs. tit. 22, r. 22-B2607

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-B2607 - DENIAL, SUSPENSION, REVOCATION OR CONVERSION OF LICENSE
2607.1

The denial, suspension, revocation or conversion of a maternity center license shall be governed by this section and 22 DCMR §§ 3107 and 3108.

2607.2

The Director may refuse to issue or renew, suspend, or revoke the license of a maternity center that is in violation of any provision of the Act, rule adopted pursuant to the Act, or other provision of District of Columbia or federal law, or whose governing body, chief executive officer, administration, or director has made a material misrepresentation of fact to a government official with respect to the center's compliance with any provision of the Act, rule adopted pursuant to the Act, or other provision of District of Columbia or federal law.

2607.3

If the Director determines that a maternity center operator has failed to comply with the provisions of this chapter, the Act or any District or federal law or regulation, the Director shall notify the licensee, in writing, of the failure to comply and require the licensee to show cause within five (5) days of the receipt of notice from the Director why the license should not be suspended or revoked.

2607.4

If the licensee does not respond to the show cause request, or if the licensee fails to show cause why the license should not be suspended or revoked to the Director's satisfaction, the Director shall suspend or revoke the license as appropriate to protect the public health, safety or welfare.

2607.5

If a maternity center loses its accreditation, it shall provide written notice thereof to the Director within five (5) calendar days of notification of such loss. Upon receipt of the written notice, the Director shall immediately:

(a) Convert the maternity center's license to a provisional or restricted license; or
(b) Suspend the center's license based upon a finding that loss of accreditation was prompted by existing deficiencies that pose an immediate and continuing danger to the health, safety or welfare of the center's patients.
2607.6

Upon suspension or conversion of a license pursuant to this section, the Director shall immediately give the maternity center written notice of the action, including a copy of the order of suspension or conversion, the grounds for the action, and notification that the center may file a written request for an expedited preliminary review hearing within seven (7) days of receipt of the notice, excluding Saturdays, Sundays, and holidays.

2607.7

If the center fails to timely communicate a request for an expedited preliminary review hearing, the order of suspension or conversion shall remain in effect until terminated by the Director or a final hearing is held before the Director or his or her designee within thirty (30) days of the date the order was entered.

2607.8

Upon receipt of a timely request for an expedited preliminary review hearing, the Director shall, within three business days, provide a hearing to review the reasonableness of the suspension or conversion. The Director shall have the burden of establishing a prima facie case of immediate or serious and continuing endangerment to the health, safety or welfare of persons utilizing the facilities and/ or services of the center. The order of suspension or conversion shall be either affirmed or vacated at the hearing.

2607.9

If, after an expedited preliminary review hearing, the order of suspension or conversion is affirmed, it shall remain in effect for no longer than thirty (30) days from the date affirmed, unless extended by the Director, during which time a final hearing shall be held to consider the appropriateness of revocation or continuing restrictions on licensure.

2607.10

A final hearing on the suspension or conversion of a maternity center's license shall be held before the Director within thirty (30) days of the affirmation of the proposed order of suspension after an expedited preliminary review hearing, or within thirty (30) days of the date suspension or conversion was ordered if no expedited hearing was held. At the final hearing, the Director shall consider the appropriateness of revocation or continuing restrictions on licensure and shall have the burden of proving the conditions justifying revocation or continuing restrictions.

2607.11

Prior to expiration of a suspension or conversion order, an extension may be granted by the Director for a period not to exceed an additional thirty (30) calendar days upon agreement of all parties or for good cause shown.

2607.12

A licensed maternity center may continue to operate after its license has been suspended or revoked if the licensee's appeal of the suspension or revocation is pending. The licensee may continue to operate the maternity center until the Director notifies the licensee that the appeal of the suspension or revocation is denied.

D.C. Mun. Regs. tit. 22, r. 22-B2607

Notice of Final Rulemaking published at 46 DCR 2779 (March 19, 1999); as amended by Corrected Notice of Final Rulemaking published at 46 DCR 3970 (April 30, 1999)