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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 17. BUSINESS, OCCUPATIONS, AND PROFESSIONALS |
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Chapter 17-16. LICENSED EMPLOYMENT SERVICES |
Section 17-1608. CEASE AND DESIST ORDERS
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1608.1The Director may issue cease and desist orders pursuant to § 13 of the Act, D.C. Code § 36-1012 (1981), for violation of the Act.
1608.2A written request for a hearing may be mailed, but shall not be considered timely filed unless received by the Director within fifteen (15) days of receipt of the cease and desist order.
1608.3If a timely request for a hearing is not filed, the order of the Director to cease and desist shall be final.
1608.4If, after a hearing, the Director determines that no violation of the Act has taken place, the Director shall rescind the order to cease and desist.
1608.5When the Director, after investigation, believes that any provision of the Act has been violated, but that the general public has not suffered and will not suffer immediate and irreparable loss and injury, the Director shall notify the alleged violator in writing of the alleged violation.
1608.6In the written notice with §1608.5, the Director shall inform the alleged violator of the provisions of §13(b) of the Act, D.C. Code §36-1012(b) (1981), relating to the alleged violator's right to respond to the notice and to the possible consequences of failure to respond.
1608.7Within fifteen (15) days of receipt of this notification, the alleged violator may show cause to the Director in writing why the Director should not issue a cease and desist order. A written show cause response may be mailed, but shall not be considered timely filed unless it is received by the Director within the fifteen (15) day time limit.
1608.8If the alleged violator fails to respond to the Director's notice of violation within the time period set forth in §1608.6, the Director may issue a cease and desist order.
1608.9If the alleged violator's show cause response satisfies the Director that there is no basis for a cease and desist order, the Director shall terminate all proceedings against the alleged violator.
1608.10If the alleged violator's show cause response does not satisfy the Director that there is no basis for a cease and desist order, the Director may schedule a hearing.
1608.11The Director shall notify the alleged violator in writing by certified mail of the date, time, and location of the hearing at least five (5) days in advance of the hearing.
1608.12If the Director determines, after the hearing, that the alleged violator has violated any provision of the Act, the Director shall issue a cease and desist order.
1608.13If the Director determines, after the hearing, that the alleged violator has not violated any provision of the Act, the Director shall terminate all proceedings against the alleged violator.
1608.14If the alleged violator fails to comply with a cease and desist order, the Director shall refer the matter to the Office of the Corporation Counsel of the District of Columbia for appropriate action.