D.C. Mun. Regs. tit. 5, r. 5-A112

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

Rule 5-A112 - ENFORCEMENT ACTIONS

112.1

A Child Development Facility licensed, required to be licensed, or applying for a license may be subject to any of the following enforcement actions by OSSE, or any other authorized government entity, when that agency or entity has jurisdiction, for violations of Federal or District of Columbia laws or regulations:

(a) Denial of application for initial license;

(b) Denial of application for renewal license;

(c) Issuance of a restricted license;

(d) Suspension of a license;

(e) Revocation of a license;

(f) Cease and desist order;

(g) Civil fines;

(h) Summary suspension;

(i) Criminal prosecution; or

(j) Injunction.

112.2

Other than where OSSE proposes to issue a Notice of Summary Suspension or a Cease and Desist order, OSSE shall provide written notification of the proposed enforcement action to the Licensee or applicant prior to initiating any of the enforcement actions in Subsection 112.1.

112.3

Advance written notice is not required prior to summary suspension or issuance of a cease and desist order.

112.4

Unless otherwise specified in this chapter, Notice required by this section shall be served by certified mail upon the Licensee or applicant at the current physical address of the Facility as shown in OSSE's records.

112.5

Notice served by certified mail is deemed served on the date stamped upon the return receipt, indicating delivery of the Notice to the applicant or Licensee.

112.6

Unless otherwise specified in this chapter, written notification of a proposed enforcement action shall include the following:

(a) The intent and nature of the proposed enforcement action, specifying the basis for the intended action;

(b) Notice of the effective date of the proposed action;

(c) Notice of the description of, and citation for, each violation alleged;

(d) In the case of a license suspension, notice of the time period of the proposed suspension;

(e) Signature of authorized OSSE official;

(f) Notice that an applicant or Licensee may request a hearing on the proposed enforcement action by submitting a written request to the Office of Administrative Hearings within ten (10) business days after receipt of the Notice, or, if a different time period is prescribed by law, within the applicable time period (which shall be identified in the Notice);

(g) Notice that the proposed action shall become final without a hearing on the eleventh (11th) business day after service of written notification of the proposed enforcement action if the applicant or Facility fails to request a hearing within the time and in the manner specified.

(h) Notice that the Licensee will be required to surrender its current license to OSSE upon final action to convert the license to restricted status, or to suspend, or revoke the license.

D.C. Mun. Regs. tit. 5, r. 5-A112

Final Rulemaking published at 63 DCR 14640 (12/2/2016)