Section 17-3910. NOTICE OF PROPOSED ACTION AND APPEAL RIGHTS

3910.1If the Department proposes to deny, suspend or revoke a license, a written notice shall be provided to the applicant or licensee, which states the proposed action and the basis for the proposed action.

3910.2The notice required under § 3910.1 shall advise the applicant or licensee of the right to request a hearing within ten (10) business days (excluding Saturdays, Sundays, and legal holidays) from the date of the service of the notice.

3910.3The notice shall advise that the action proposed or recommended will be taken at the expiration of ten (10) calendar days after service of the notice unless an appeal is taken.

3910.4The notice shall be:

(a)Served personally upon the applicant or licensee, or the applicant or licensee’s agent; or

(b)Sent by first class mail to the home or business address of the applicant or licensee, or the applicant or licensee’s agent, appearing on the application or license.

3910.5A notice that is returned by the post office for reason of refusal of the addressee to accept delivery, or incorrect address, is deemed to have been properly served on the addressee by mail.

3910.6An applicant may not file a separate application for licensure under this chapter during the appeal process.

authority

The creation of this new license category was authorized by the Fiscal Year 2009 Budget Support Act of 2008, D.C. Law 17-219, effective August 16, 2008.

source

Final Rulemaking published at 56 DCR 3103 (April 24, 2009).