Section 17-101. NOTICE OF INTENDED ACTION AND RIGHT TO A HEARING

 

101.1Each applicant for or holder of a license, except applicants for a temporary license or applicants for reinstatement after revocation, shall be afforded notice and an opportunity to be heard prior to the action of a board or commission, if the effect of the action would be one of the following:

 

(a)To deny permission to take an examination for a license for which an applicant has correctly filed and whose application has been accepted as meeting the qualifications for examination;

 

(b)To deny a license after an examination for any cause other than failure to pass the examination;

 

(c)To deny a license by reciprocity, endorsement, or transfer to an applicant who meets the qualifications for the license;

 

(d)To suspend a license;

 

(e)To revoke a license;

 

(f)To cancel a license;

 

(g)To censure a licensee; or

 

(h)To refuse to issue a renewal by annual registration for any cause other than failure to pay the prescribed renewal fee.

 

101.2When the board or commission proposes taking any action of the type specified in §101.1(a), (b), or (c), it shall give written notice to the applicant. The notice shall contain the following:

 

(a)A statement that the applicant has failed to satisfy the board as to his or her qualifications to sit for examination or to be approved for licensure, as the case may be;

 

(b)A statement indicating in what respect the applicant has failed to satisfy the board or commission; and

 

(c)A statement that the applicant may secure a hearing before the board or commission by depositing in the mail within twenty (20) days after service of the notice, a certified letter addressed to the board or commission and containing a request for a hearing.

 

101.3If a board or commission proposes taking any action of the type set forth in §101.1(d), (e), (f), (g), or (h), it shall give written notice to the person concerned. The notice shall contain the following:

 

(a)A statement that the board or commission has sufficient evidence, and setting forth the nature of the evidence, which, if not rebutted or explained, justifies taking the proposed action; and

 

(b)A statement that the board or commission will take the proposed action unless the person concerned requests a hearing by certified letter addressed to the board or commission, mailed within twenty (20) days after service of the notice.

 

source

Sections §§20.1 and 20.2 of Regulation No, 72-3, approved January 28, 1972, 5DD DCRR §§20.1 and 20.2, 18 DCR 436 (February 22, 1972).