Section 22-C1004. NOTICE OF SUMMARY SUSPENSION ACTION AND HEARING

 

1004.1 Violation of the Act or this subtitle may result in the summary suspension of a qualifying patient or caregiver’s registration.

 

1004.2If the Department determines, after investigation, that the conduct of a qualifying patient or caregiver presents an imminent danger to the health and safety of the public, the Department may summarily suspend, or restrict, without a hearing, the registration of the qualifying patient or caregiver.

 

1004.3 A notice of summary suspension shall contain the following:

 

(a)A statement that the qualifying patient or caregiver must return any

unused medical marijuana in his or her possession to the District of

Columbia Metropolitan Police Department within twenty-four (24) hours of receiving the summary suspension notice;

 

(b)  A statement that the qualifying patient or caregiver must surrender his or her registration identification card to the Director within  twenty-four (24) hours of receiving the summary suspension  notice;

 

(c) A statement setting forth the reasons for the summary action, including a specification of any specific violation complained of;

 

(d)Reference to any particular section of the Act or rules allegedly

violated;

 

(e)A statement that the registrant may request an immediate hearing before OAH for the purpose of determining whether the suspension shall continue.  The registrant shall file the request with OAH within seventy-two (72) hours after service of the notice (receipt required for proof of delivery).  The hearing shall be held within seventy-two (72) hours after receiving the request unless otherwise agreed by the parties to be held at a later date; and

 

(f) 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.).

 

1004.4A 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.  

 

1004.5Service 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.

 

1004.6Proof 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 § 1004.5 or by the party’s counsel; or

 

(b) The certificate of the serving party or that party’s counsel; or

 

(c)A return receipt if service is made by certified mail.

 

1004.7If 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 § 1004.5.

 

1004.8If 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.

 

1004.9If 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.

 

1004.10A registrant whose registration has been summarily suspended may request an immediate hearing before OAH for the purpose of determining whether the suspension shall continue.  The registrant shall file the request with OAH within seventy-two (72) hours after service of the notice (receipt required for proof of delivery).  The hearing shall be held within seventy-two (72) hours after receiving the request unless otherwise agreed by the parties to be held at a later date.

 

1004.11 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.

 

1004.12A 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.

 

1004.13If the registrant fails to request a hearing within the time and in the manner specified in the notice, the summary suspension shall continue until after a finding by the Department that the imminent danger no longer exists, or until after a decision on a notice of intent to revoke or suspend the registration becomes final under § 1003.13 or 1003.16.

 

1004.14If 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.

 

1004.15Nothing in this subchapter 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.

 

1004.16 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.).

 

authority

The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).

source

Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10158(December 2, 2011).