Section 22-B1101. HEARINGS AND NOTICES

 

1101.1Except for an emergency suspension undertaken pursuant to §305(b)(1) of the Act, D.C. Code, 2001 Ed. §48-903.05, the Director shall give an applicant or registrant written notice and an opportunity to be heard prior to taking any final action which would do any of the following;

 

(a)Deny an application for registration;

 

(b)Deny a renewal of registration;

 

(c)Suspend registration; or

 

(d)Revoke registration.

 

1101.2The notice shall contain the following:

 

(a)A statement of the proposed action;

 

(b)A statement setting forth the reasons for the proposed action, including a specification of any specific act complained of;

 

(c)Reference to any particular section of the Act or rules allegedly violated;

 

(d)A statement that the applicant or registrant may secure a hearing before the Director or a hearing officer to contest the proposed action by depositing in the mail, within thirty (30) days of service of the notice, a certified letter addressed to the Director containing a request for a hearing or hand delivery same to the Office of the Director (receipt required for proof of delivery); and

 

(e)A statement that if the applicant or registrant does not request a hearing within thirty (30) days after service of the notice of the proposed action, the applicant or registrant shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial, suspension or revocation shall be final without a hearing.

 

1101.3Notice in connection with hearings under this chapter shall be given and service effected in accordance with §305 of the Act, D.C. Code, 2001 Ed. §903.05.

 

1101.4If the respondent does not mail a request for a hearing within the time and in the manner specified in §1101.2, the Director may, without a hearing, take the action contemplated in the notice.

 

1101.5The Director shall notify the respondent in writing of action taken under §1101.2(e).

 

1101.6If a hearing is timely requested pursuant to §1101.2, the Director shall notify the person of the date, time and location of the hearing and the name of the hearing officer. The hearing shall be convened within thirty (30) days of the filing of the respondent's response to the Director's proposed action.

 

1101.7Unless otherwise authorized by the Director, any notice from and to the Director shall be sent by certified mail, return receipt requested, as provided in §305 of the Act.

 

1101.8If an attorney enters his or her appearance for the respondent, any notice shall thereafter be served on the attorney, unless otherwise ordered by the Director or hearing officer.

 

1101.9If the respondent is no longer at the last known address as shown on the records of the Department and no forwarding address is available, the notice shall be deemed to have been served on the date the return receipt bearing that notification is received by the Director.

 

1101.10If the respondent shall believe the hearing officer selected to conduct the hearing is prejudiced against the respondent or his or her attorney, the respondent shall make a request in writing to the Director, at least ten (10) days prior to the date set for the hearing, to substitute another hearing officer. The request shall be accompanied by an affidavit signed by the respondent setting forth the facts upon which the claim of prejudice is predicated. Upon receipt of the request, the Director shall make a determination based upon sufficient evidence whether prejudice to the rights of the respondent exists and, if necessary, the Director may appoint a substitute hearing officer.

 

source

Final Rulemaking published at 33 DCR 1046, 1056 (February 21, 1986).