D.C. Mun. Regs. tit. 5, r. 5-A8019

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

Rule 5-A8019 - COMPLAINTS

8019.1

If the Commission has reason to believe that an applicant or licensed institution may not be in compliance with the requirements of law or this chapter, the Commission may conduct an investigation, including a site evaluation visit, as it deems necessary. If expertise outside of the scope of the Commission is required to complete the investigation, the Commission may require the institution to pay for any expenses incurred by the Commission for outside services.

8019.2

The Commission may initiate an investigation:

(a) On its own motion;

(b) After receipt of a complaint submitted in accordance with this section which, if proven, would constitute sufficient grounds for denial, reduction, suspension, or revocation of the license or application of an institution; or

(c) Based on information obtained from a Commissioner, Commission staff member, government agency, or other reliable person or entity.

8019.3

A person who desires to file a complaint (hereinafter "complainant") against an applicant or licensee (hereinafter "respondent") shall:

(a) Submit the complaint in writing;

(b) State the facts or circumstances that form the basis of the complaint;

(c) State the complainant's name and address;

(d) Sign the complaint; and

(e) Mail or deliver the complaint to the Commission.

8019.4

The Commission may request that the respondent respond in writing to the allegations contained in the information or complaint which has come to the Commission's attention. If the Commission requests such a response, it shall inform the respondent that the Commission may send a copy of the response to the complainant.

8019.5

If the Commission receives a written response from the respondent, it may send a copy of the response to the complainant and request a written reply within a time period determined by the Commission.

8019.6

After considering information or a complaint against a respondent, the response from the respondent, if any, and the written reply of the complainant, if any, the Commission may:

(a) Initiate an investigation of the information or complaint;

(b) Mandate corrective actions by the respondent and monitoring of the implementation of the corrective actions;

(c) Proceed in accordance with section 8018; or

(d) Dismiss the complaint.

8019.7

If the Commission dismisses a complaint, it shall give the complainant notice of the dismissal in writing, sent by first class mail within thirty (30) days after the dismissal.

D.C. Mun. Regs. tit. 5, r. 5-A8019

Final Rulemaking published at 37 DCR 6595, 6618 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2448 (March 18, 2011)

5 DCMR A § 8019 is formerly entitled "Computation of Time."

Authority: The Education Licensure Commission (ELC) (Commission), pursuant to authority set forth in sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306(b)(3) and 38-1311 (2010 Supp.)), and Mayor's Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2010 Supp.)).