Section 22-B10207. REFUSAL, CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE  


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    10207.1The Director may refuse an application or may refuse to license an applicant,  or, suspend  or revoke a license , after providing the applicant or licensee with an opportunity for a hearing, if the applicant or licensee:

     

    (a)Has been convicted of a felony or misdemeanor that involves moral  turpitude;

     

    (b)Is an association, partnership, or corporation whose managing officer has  been convicted of a felony or misdemeanor that involves moral turpitude;

     

    (c)Has been convicted in a District of Columbia or federal court of the illegal  use, sale, or transportation of intoxicating liquors, narcotic drugs,  barbiturates, amphetamines, desoxyephedrine, their compounds or  derivatives, or any other dangerous or habit-forming drugs;

     

    (d)Is an association, partnership, or corporation whose managing officer has  been convicted in the District of Columbia Superior Court or federal court  of the illegal use, sale or transportation of intoxicating liquors, narcotic  drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or  derivatives, or any other dangerous or habit-forming drugs;

     

    (e)Has violated any of the provisions of D.C. Official Code §§ 48-904.01, et  seq. (2009 Repl.);  

     

    (f)Has failed to pay a license fee or a renewal fee for a license; or

     

    (g)Has obtained or attempted to obtain a license by fraud or deception.   

     

    10207.2The Director may refuse to license an applicant, or, suspend or revoke a license if the Director determines from evidence presented during a hearing that the applicant or licensee:

     

    (a)Has violated any provisions of the District of Columbia Official Code, §§  22-901, et seq. concerning the counterfeiting of a drug or the sale or  holding for sale of a counterfeit drug;

     

    (b)Has violated D.C. Official Code §§ 48-904.01, et seq.; or

     

    (c)Has violated any of these regulations, including being responsible for a  significant discrepancy in the records that District law requires the  applicant or licensee to maintain.  

     

    10207.3The Department may, after providing opportunity for a hearing, refuse to license a distributor, manufacturer, initial importer, or vendor of medical devices, or may suspend or revoke a license, for any violation of the federal-law requirements incorporated into these regulations pursuant to § 10201.

     

    10207.4A license issued under this chapter shall be returned to the Department if the medical device distributor, manufacturer, initial importer, or vendor’s place of business:

     

    (a) Ceases business or otherwise ceases operation on a permanent  basis;

     

    (b) Relocates; or

     

    (c)       Is deemed, as a corporation, to have undergone an ownership change as                determined by a transfer of five percent (5%) or more of the share of stock  from one person to another.

     

     

authority

Sections 4902(a) (8) and 4908 of the Department of Health Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code §§ 7-731(a)(8) and 7-737 (2012 Repl. & 2016 Supp.)), and Mayor’s Order 2006-34, dated March 12, 2006.

source

Final Rulemaking published at 60 DCR 10252 (July 12, 2013); as amended by Final Rulemaking published at 63 DCR 13491 (October 28, 2016).