Section 17-1520. DISCIPLINARY ACTIONS, NOTICE, AND HEARING

 

1520.1A person may make a complaint to the Board regarding a licensee's conduct by contacting the Department in writing.

 

1520.2The Department shall forward the written complaint to the Board and the Board shall review the complaint and decide whether to direct the Department to investigate the matter.

 

1520.3The Board, after receiving an investigation report from the Department regarding a complaint alleging that a licensee violated any provision of this chapter or the Act, may vote to initiate disciplinary proceedings against a licensee. A hearing is required when the Board intends to pursue one of the following penalties:

 

(a)A civil fine;

 

(b)A written reprimand;

 

(c)A license suspension;

 

(d)A refusal to renew a license;

 

(e)A license revocation; or

 

(f)Deny a license application pursuant to the reasons set forth in section 1505.1(b) of this chapter.

 

1520.4If, by majority vote, the full Board elects to refer the matter to the Office of the Attorney General to initiate disciplinary proceedings, the Board may, instead of conducting the disciplinary hearing before the full Board, elect to convene a small committee of three (3) or more Board members for the purposes of holding the disciplinary hearing and rendering a recommended decision.

 

1520.5When a small committee conducts a disciplinary hearing in lieu of the full Board, the full Board must ratify the committee's recommended decision for that decision to have legal effect against the applicant or licensee.

 

1520.6Notwithstanding subsections 1520.3 and 1520.4, and pursuant to D.C. Official Code § 2-1831.03(i), the Board may, by majority vote, elect to refer a disciplinary hearing to the Office of Administrative Hearings (OAH) for adjudication. If the Board elects to refer a hearing to OAH for adjudication, the Board shall abide by the applicable law and regulations governing OAH hearings, decisions, and orders, and shall only assume jurisdiction over the matter in an appellate capacity.

 

1520.7When the Board elects to refer the matter to the Office of the Attorney General to initiate disciplinary proceedings, the Office of the Attorney General shall prepare a notice of hearing and shall serve the document upon the applicant or licensee personally or by certified mail no less than thirty (30) days before the hearing. If the Board has elected to have OAH conduct the hearing, the Office of the Attorney General shall comply with the notice procedures implemented by OAH as set forth in 1 DCMR Chapter 28 and 1 DCMR Chapter 29, whichever is applicable, and not the notice procedures set forth in this chapter unless otherwise required by OAH.

 

1520.8The notice of hearing shall state that the Board intends to hold a hearing on the matter not less than thirty (30) days after service of the notice is made upon the licensee. The notice shall contain the following:

 

(a)The time, place, and nature of the hearing;

 

(b)A statement of legal authority and jurisdiction under which the hearing is to be held;

 

(c)A reference to the particular section of the statutes and rules involved; and

 

(d)A short and plain statement of the matters asserted.

 

1520.9The notice of hearing shall indicate that the applicant or licensee shall have the right to appear with or without counsel, shall have the right to cross-examine witnesses in his or her defense, and shall have the right to produce evidence and witnesses.

 

1520.10If the applicant or licensee fails or refuses to appear for the scheduled hearing and the Board has not granted a continuance, the Board may proceed with the hearing and render a decision and order.

 

source

Final Rulemaking published at 54 DCR 8783 (September 7, 2007).