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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-B. PUBLIC HEALTH AND MEDICINE |
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Chapter 22-B31. LICENSING OF HEALTH CARE AND COMMUNITY RESIDENCE FACILITIES |
Section 22-B3112. RECONSIDERATION
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3112.1A petition for reconsideration may be filed by a party within ten (10) days after service of the decision by the Director.
3112.2Neither the filing nor the granting of that petition shall operate as a stay of a final order unless specifically ordered by the Director. A stay shall be granted only upon good cause which shall consist of unusual or exceptional circumstances.
3112.3The petition shall state briefly and specifically the following:
(a)The matters of record alleged to have been erroneously decided;
(b)The grounds relied upon; and
(c)The relief sought.
3112.4If the petition is based in whole or in part on new or additional evidence, the new or additional evidence shall be set forth in an affidavit and accompanied by a statement that the petitioner could not with due diligence have known or discovered the new evidence prior to the date the case was presented to the Director for decision.
3112.5The Director in his or her discretion may permit or require oral argument upon a petition for reconsideration.
3112.6If, because of accident, illness, or other good cause, a person fails to receive a hearing or fails to appear for a requested hearing, and has been diligent in bringing the matter to the Director's attention, the Director may grant appropriate relief.
3112.7The Director shall grant or deny a petition for reconsideration within ten (10) days after the filing of the petition. Failure of the Director to act within that period shall be deemed a denial of the petition.
3112.8A facility shall not make a request for reinstatement of a license or for issuance of a new license imposed pursuant to this chapter until one year from the date of the Director's decision, unless the Director's decision should provide otherwise.
3112.9A facility shall not make a request for removal of a restriction imposed pursuant to this chapter until at least ninety (90) days from the date of the Director's decision, unless the Director's decision should provide otherwise.