D.C. Mun. Regs. tit. 26, r. 26-C1125

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

Rule 26-C1125 - REVOCATION AND SUSPENSION OF LICENSE

1125.1

A person to whom an order is issued pursuant to sections 18 and 19 of the Act shall be given reasonable notice and the opportunity for a hearing. The order shall issue and be served, either by hand or by United States certified mail, return receipt requested, postage prepaid, on the respondent, applicant, licensee, person required to be licensed or the registered agent of the person. Service shall be made on the person required to be served at the last known address of that person or at the last known address maintained by the Department for that person.

1125.2

The order shall include:

(a) The date the order was entered;

(b) The basis for the proposed action;

(c) The date by which the person shall file a written request for a hearing;

(d) Notice that the failure of the person to file a written request for a hearing with the Department within the specified time period shall constitute a waiver of a hearing and shall constitute a default; and

(e) The date by which the Department shall consider the order to be final.

1125.3

The Department may issue a temporary order taking enforcement action against a person, if the Department determines that the person has engaged in conduct that is likely to cause one or more of the conditions as set forth in section 117(b) of the 21st Century Financial Modernization Act of 2000, effective June 9, 2001 (D.C. Law 13-308; D.C. Official Code § 26-551.17(b) (2001)).

1125.4

If the person files a request for a hearing, the written response shall include:

(a) An explanation of why the proposed action or temporary order is not warranted; and

(b) Any other relevant information, mitigating circumstance, documentation, or other evidence in support of the person's position.

1125.5

The Department shall issue a final order within fifteen (15) days after a hearing has been held.

1125.6

Unless otherwise required by the Act, a final order, temporary order, or any other type of enforcement action taken by the Department shall be issued or conducted in accordance with subchapter IV of the 2lst Century Financial Modernization Act of 2000, effective June 9, 2001 (D.C. Law 13-308; D.C. Official Code §§ 26-551.13 through 551.21 (2001)).

1125.7

The Commissioner may make public, a final order, temporary order or any other type of enforcement action taken by the Department.

1125.8

All hearings held pursuant to this section shall be conducted pursuant to the Rules of Practice and Procedure for Hearings set out in Chapter 38 of Title 26 of the District of Columbia Municipal Regulations.

1125.9

Any order issued by the Commissioner pursuant to sections 18 and 19 of the Act shall remain in full force and effect until and unless later modified or vacated by the Commissioner.

D.C. Mun. Regs. tit. 26, r. 26-C1125

Final Rulemaking published at 56 DCR 7457, 7459-7461 (September 11, 2009)