Section 17-2931. NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

 

2931.1The Director shall give an applicant for or holder of a license a notice of and opportunity for a hearing before the Director if the effect of the action would be one of the following:

 

(a)To deny a license for a cause other than failure to pay the prescribed fee;

 

(b)To refuse to renew a license for a cause other than failure to pay the prescribed fee;

 

(c)To suspend or revoke a license; or

 

(d)To impose a civil fine.

 

2931.2If the Director proposes taking an action of the type specified in § 2931.1(a), the Director shall give a written notice to the respondent stating the following:

 

(a)That the respondent has failed to satisfy the Director as to the respondent's qualifications to be approved for licensure;

 

(b)The respect in which the respondent has failed to satisfy the Director;

 

(c)That the denial will become final unless the respondent files a request for a hearing with the Director within fifteen (15) days of the receipt of the notice; and

 

(d)A description of the rights of the respondent at a hearing as specified in § 2939.2.

 

2931.3If the Director proposes taking an action of the type specified in §§2931.1(b), (c), or(d), the Director shall give written notice to the respondent stating:

 

(a)That the Director has sufficient evidence, setting forth the nature of the evidence, which, if not explained, justifies taking the proposed action;

 

(b)That the Director may take the proposed action, unless within (15) days of the receipt of the notice the respondent files with the Director a written request for a hearing or in the alternative submits documentary evidence for the Director's consideration before the Director takes final action; and

 

(c)A description of the rights of the respondent at a hearing as specified in §2939.2.

 

2931.4A notice given pursuant to §2931.1 shall be in the form of charges and specifications. A notice given pursuant to §2931.3 shall be in the form of a notice of intent to deny in letter format.

 

2931.5If a respondent who was sent a notice of a proposed action pursuant to §2931.1 does not mail or deliver a request for a hearing within the time and in the manner required under that section, the Director may proceed with or without a hearing and may render a decision on the basis of evidence before the Director.

 

2931.6If a respondent scheduled for a hearing does not appear for the hearing, and no continuance has been granted, the Director may receive evidence and hear testimony and may render a decision on the basis of evidence before the Director.

 

2931.7All decisions by the Director shall be supported by reliable, probative, and substantial evidence.

 

2931.8The Director shall inform the parties of an action taken under this section.

 

source

Final Rulemaking published at 35 DCR 6630, 6647 (September 2, 1988).