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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-C. MEDICAL MARIJUANA |
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Chapter 22-C10. ENFORCEMENT ACTIONS |
Section 22-C1003. NOTICE OF CONTEMPLATED ACTION AND HEARING
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1003.1Violation of any provision of the Act or this subtitle may result in a notice of intent to suspend or revoke the qualifying patient's or caregiver's registration identification card, and all lawful privileges under the Act.
1003.2Except in the case of a summary suspension, the Director shall give a registrant written notice and an opportunity to have a hearing before the Office of Administrative hearings prior to taking any final action which would:
(a)Suspend registration; or
(b)Revoke registration.
1003.3A notice of intent to suspend or revoke 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 violation complained of;
(c)Reference to any particular section of the Act or rules allegedly
violated;
(d)A statement that the registrant may request a hearing before the Office of Administrative Hearings (OAH) to contest the proposed action by delivering, within thirty (30) days of service of the notice, a certified letter addressed to OAH containing a request for a hearing or hand delivery of same to OAH (receipt required for proof of delivery);
(e) A statement that the decision rendered by the Office of Administrative Hearings shall be the Final Order in this matter, and that either party may seek review of OAH’s decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501- 2-511 (2011 Repl.); and
(f)A statement that if the registrant does not request a hearing within thirty (30) days after service of the notice of the proposed action, the Director may take the proposed action without further notice, and the suspension or revocation shall be final without a hearing.
1003.4A notice, order, decision, or pleading required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.
1003.5Service on a registrant shall be directed to the last known address of the registrant on file with the Director or the registrant’s resident agent or attorney, and shall be completed by one (1) of the following methods:
(a)Personal delivery;
(b) Leaving it at the party’s usual place of residence with a person of suitable discretion sixteen (16) years of age or older residing there; or
(c)Certified mail, return receipt requested.
1003.6Proof of service, stating the name and address of the person on who service is made and the manner and date of service, may be shown by one (1) of the following methods:
(a)Written acknowledgement by the party or other person served in accordance with § 1003.5 or by the party’s counsel;
(b)The certificate of the serving party or that party’s counsel; or
(c)A return receipt if service is made by certified mail.
1003.7If service is by personal delivery, it shall be deemed to have been served at the time when delivery is made to the party or other person served in accordance with § 1003.5.
1003.8If service is by certified mail, it shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.
1003.9If the party is no longer at the last known address as shown by the records of the Director, and no forwarding address is available, service shall be deemed to have been made on the date the return receipt bearing that notification is received by the Director.
1003.10 A registrant that has received a notice of intent to take action to suspend or revoke, may request a hearing before the Office of Administrative Hearings (OAH) for the purpose of review of such action. The registrant shall file the request with OAH within thirty (30) calendar days after service of the notice of contemplated action (receipt required for proof of delivery).
1003.11 Unless otherwise authorized by the Director, any notice from or to the Director shall be made by personal delivery or sent by certified mail, return receipt requested.
1003.12A request for a hearing under this chapter shall include the following:
(a)A statement of the facts relevant to the review of the action;
(b)A statement of the arguments that the respondent considers relevant to the review of the action; and
(c)Any other evidence considered relevant.
1003.13If the registrant does not mail or submit a written request for a hearing within the time and in the manner specified in the notice, the Director may, without a hearing, take the action contemplated in the notice, and shall notify the registrant in writing of the final action taken.
1003.14If a hearing is timely requested, the proceedings shall thereafter be conducted pursuant to the Office of Administrative Hearings Act, and all further correspondences and notices shall be communicated directly between the Office of Administrative Hearings and the registrant, including notice of the date, time and location of the hearing and the name of the hearing officer.
1003.15Nothing in this subtitle shall be deemed to supersede the service, procedural rules, or other proceedings of a matter that has been filed with and is pending before the Office of Administrative Hearings.
1003.16 The decision rendered by the Office of Administrative Hearings shall be the Final Order in this matter. Either party may seek review of OAH’s decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501- 2-511 (2011 Repl.).