Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 5 - EDUCATIONSubtitle 5-A - OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
Chapter 5-A1 - CHILD DEVELOPMENT FACILITIES: LICENSING
Rule 5-A115 - CEASE AND DESIST

D.C. Mun. Regs. tit. 5, r. 5-A115

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Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-A115 - CEASE AND DESIST
115.1

If OSSE reasonably believes that a Licensee, parent entity, or any person has violated the Facilities Act or any provision of this chapter, and that the violation presents an imminent threat to the health, safety, or welfare of children, adults, or the general public, OSSE may issue a written cease and desist order directing the Facility, parent entity, or person to cease and desist from the violating action(s).

115.2

The cease and desist order shall be effective upon the delivery of the cease and desist order. The cease and desist order shall be hand-delivered to the Licensee, or to an adult employee or family member of the Licensee, at the current physical address of the Facility as shown in OSSE's records.

115.3

The cease and desist order shall:

(a) Be hand-delivered to the Licensee or to an adult employee or family member of the Licensee, at the current physical address of the Facility as shown in OSSE's records; and
(b) Provide that the Licensee may request an expedited hearing within five (5) days after receipt of the Cease and Desist Order. If no request for a hearing is made, the Order shall be final.
115.4

Once a Facility has received a cease and desist order, the Licensee shall immediately:

(a) Surrender the Facility's current license to OSSE;
(b) Cease the provision of all child development services;
(c) Provide parents and guardians with written notification of the Cease and Desist Order. Written notification of the Cease and Desist Order shall state the reason provided by OSSE for the Cease and Desist Order, and inform parents and guardians of the need to make alternative child care arrangements; and
(d) Provide OSSE with a copy of the written notification provided to parents and guardians.
115.5

Upon a timely request for an expedited hearing pursuant to this section, the OAH shall conduct the hearing within five (5) business days after the request, and the Office of Administrative Hearings shall issue a decision within five (5) days after the hearing record is closed.

D.C. Mun. Regs. tit. 5, r. 5-A115

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