Section 22-B4907. ENFORCEMENT

 

4907.1The Department may refuse to issue, refuse to renew, revoke, or suspend a nurse staffing agency's license for any of the following reasons:

 

(a)Willful submission or use of false or misleading information in connection with an application for or with the use of a license;

 

(b)Violation of the Act, of these rules, or of any other federal or District of Columbia law or regulation applicable to nurse staffing agencies operating in the District of Columbia;

 

(c)Failure to meet or maintain the standards required by the Act or by these rules;

 

(d)Failure to allow inspection or access to records as provided by these rules;

 

(e)Failure to comply with any lawful order of the Department pursuant to the Act or to these rules; or

 

(f)Any act that constitutes a threat to the public's health or safety.

 

4907.2Each nurse staffing agency licensee, and each nurse staffing agency applicant that has submitted a complete application, shall be afforded notice and an opportunity to be heard prior to the action of the Department, if the intent of the Department is to refuse to issue, refuse to renew, revoke, or suspend the agency's license, except that a license may be summarily suspended before a hearing in accordance with this Section as further described below.

 

4907.3If the Department intends to refuse to issue, refuse to renew, revoke, or suspend an agency's license, it must provide the agency with a written notice, which must include:

 

(a)The violation(s) and/or other unlawful or harmful act(s) that form the basis of the Department's proposed action, including a brief description of the facts of each violation or unlawful or harmful act; and

 

(b)A statement informing the agency that the proposed action will become final unless the agency submits, within fifteen (15) days, a written request to the Office of Adjudication and Hearings for a hearing on the proposed action.

 

4907.4If the agency does not respond to the notice within the time and in the manner specified in the notice, the Department may, without a hearing, take the action contemplated in the notice, at which time it must notify the agency, in writing, of the action taken.

 

4907.5The Department may summarily suspend a nurse staffing agency's license if the operation of the agency poses an imminent danger to the health, safety or welfare of the public.

 

4907.6If the Department summarily suspends a nurse staffing agency's license, it must immediately provide the agency with written notice of the action, which must include:

 

(a)A copy of the order of suspension;

 

(b)A statement of the violation(s) and/or other unlawful or harmful act(s) that form the basis of the suspension, including a brief description of the facts of each violation or unlawful or harmful act; and

 

(c)A statement informing the agency that it may, within seven (7) days of its receipt of the notice, appeal the suspension by submitting a written request to the Office of Adjudication and Hearings for an expedited hearing on the suspension.

 

4907.7If a nurse staffing agency files a timely request for a hearing on the summary suspension of its license, as provided in subsection 4907.6, the Department, by and through the Office of Adjudication and Hearings, must convene the hearing within three (3) business days of its receipt of the agency's timely request.

 

4907.8An agency's request for a hearing, as provided in subsections 4907.6 and 4907.7, shall not serve to stay the order suspending the agency's license.

 

source

Final Rulemaking published at 51 DCR 10633 (November 19, 2004).