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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-B40. CERTIFICATES OF NEED |
Section 22-B4010. ENFORCEMENT AND REMEDIES FOR NONCOMPLIANCE
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4010.1The Director may request that the Office of the Attorney General enjoin the activities of a person offering, developing, or operating a health care facility in violation of the Act, as specified in D.C. Official Code § 44-416(b).
4010.2The Director may revoke a current CON, after holding a hearing to ascertain the facts. If the Director finds that a person has violated a provision of the Act or 22 DCMR Chapters 40 through 45, the Director may take action to revoke a current CON even though action has been initiated to criminally prosecute, sue for injunctive relief, or impose a civil fine, penalty, or fee for a violation of the Act or Title 22 Chapters 40 through 45.
4010.3The Director may revoke a current CON for lack of substantial progress under this chapter.
4010.4Before revoking a CON, the Director shall publish a notice of alleged violation or lack of substantial progress in a newspaper of general circulation in the District, and shall notify all interested parties, including the CON holder.
4010.5The notice shall include a detailed description of the alleged violation or lack of substantial progress and shall provide the time and location of a public hearing to consider the alleged violation.
4010.6The public hearing shall be held no sooner than fourteen (14) days from the date of the notice and no later than thirty (30) days from that date.
4010.7The hearing shall be conducted according to the procedures specified in chapter 43 of this title for reconsideration hearings, except that the SHPDA staff person in charge of a CON review, or a designee, shall have up to one (1) hour to present the details of the alleged violation or lack of substantial progress. Following this presentation, the CON holder may question the SHPDA staff person.
4010.8The CON holder shall have up to one (1) hour to make its presentation, after which SHPDA staff may ask questions of the CON holder. Other persons may then testify.
4010.9Following all testimony, the CON holder may make a ten (10) minute closing statement.
4010.10The Director shall decide whether to revoke a CON within thirty (30) days following the close of the public hearing. The Director’s decision shall be:
(a) Written;
(b) Based on the complete record of the withdrawal action; and
(c) Include findings of fact and conclusions of law.
4010.11There shall be no ex parte contacts between the CON holder and SHPDA staff or the SHCC following the public hearing and before the Director issues a decision.
4010.12The Director’s decision to revoke a CON may be appealed to the Office of Administrative Hearings without further reconsideration by the Director.