Section 17-3315. NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

 

3315.1A board shall give the holder of, or applicant for, a license (except a temporary license) or a person possessing a privilege to practice in the District, notice of and an opportunity for a hearing before the board if the effect of the action would be one of the following:

 

(a)To revoke a license, certificate, registration, or privilege;

 

(b)To suspend a license, certificate, registration, or privilege;

 

(c)To reprimand the holder of a license, certificate, registration, or privilege;

 

(d)To impose a civil fine;

 

(e)To require a course of remediation;

 

(f)To require a period of probation; or

 

(g)To refuse to renew a license, certificate, or registration for any cause other than failure to pay the required renewal fee.

 

3315.2If a board proposes to take an action of the type set forth in § 3315.1, it shall give written notice to the respondent containing the following:

 

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

 

(b)One of the following statements:

 

(1)That the board may take the proposed action, unless the respondent requests a hearing before the board by a letter addressed to the board, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the board may take the proposed action if the respondent fails to appear at the scheduled hearing; or

 

(2)That the board has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the board may take the proposed action if the respondent fails to appear at the hearing:

 

(c)A description of the rights of the respondent at a hearing as specified in § 3323.3.

 

3315.3Subject to § 3315.4, a board shall give an applicant for a license (other than a temporary license) notice of and an opportunity for a hearing before the board if the effect of the action would be one of the following:

 

(a)To deny permission to take an examination; or

 

(b)To deny a license.

 

3315.4An applicant shall not be entitled to notice of or an opportunity for a hearing before a board if the denial of a license or permission to take an examination is based solely on the applicant's failure to meet a qualification over which a board has no discretion, including the following:

 

(a)Failure to meet a minimum age requirement;

 

(b)Failure to meet an educational or experience requirement where the acceptability of the educational program or quality of the experience is not an issue; or

 

(c)Failure to pass an examination.

 

3315.5If a board proposes to take an action of the type specified in § 3315.3, it shall give written notice to the respondent containing the following:

 

(a)A statement that the respondent has failed to satisfy a board as to the respondent's qualifications to take the examination or to be approved for licensure;

 

(b)A statement that specifies in what respect the respondent has failed to satisfy a board;

 

(c)One of the following statements:

 

(1)That the board may take the proposed action, unless the respondent requests a hearing before the board by a letter addressed to the board, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the board may take the proposed action if the respondent fails to appear at a scheduled hearing; or

 

(2)That the board has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the board may take the proposed action if the respondent fails to appear at the hearing; and

 

(d)A description of the rights of the respondent at a hearing as specified in § 3323.2.

 

3315.6A notice given pursuant to § 3315.2 shall be in the form of charges and specifications. A notice given pursuant to § 3315.5 shall be in the form of a notice of intent to deny in letter format.

 

source

Final Rulemaking published at 35 DCR 3489, 3499 (May 13, 1988).