Section 26-A3804. SHOW CAUSE AND SUMMARY SUSPENSION HEARINGS

 

3804.1All of the provisions of these rules, except those in § 3806, shall apply to show cause and summary suspension hearings.

 

3804.2The Commissioner shall serve the summary suspension order or notice to show cause upon each respondent named in the order. Service may be made by personal service or by registered or certified mail by serving the respondent directly, or by serving the respondent's agent for service of process in the District.

 

3804.3If the Commissioner is unable to serve an insurer with a summary suspension order or notice to show cause by the means specified in § 3804.2, proper service may be made by serving the Commissioner as the insurer's attorney for service of process in accordance with D.C. Official Code §§ 31-202 (2001 Ed.).

 

3804.4If the Commissioner is unable to serve an insurance agent or broker with a summary suspension order or notice to show cause by the means specified in § 3804.2, proper service may be made by sending the notice to show cause or summary suspension order by registered or certified mail to the agent's or broker's principal place of business as indicated in the Department's records. [a3]

 

3804.5In addition to any contents required by statute, a summary suspension order or notice to show cause shall advise the respondent of the:

 

(a)Respondent's right to a hearing;

 

(b)Time period within which the respondent must request a hearing;

 

(c)Respondent's obligation to file an answer; and

 

(d)Effect of a failure to file an answer and to request a hearing.

 

3804.6The applicant shall have the burden of proof in a show cause hearing when the Commissioner has proposed to deny an application for licensure. [a4]

 

3804.7The Department shall have the burden of proof in a show cause hearing or summary suspension order when the Commissioner has proposed to take disciplinary action against a licensee.

 

3804.8A respondent shall file with the Commissioner a written answer to a notice to show cause or summary suspension order within ten (10) business days of service of the order and within five (5) business days of service of any amended order. The parties and the staff of the Department may by agreement extend the time for filing the answer up to 30 calendar days. Any additional extension of time may only be granted by order of the Commissioner.

 

3804.9The answer shall admit or deny each factual allegation in the notice to show cause or summary suspension order and shall set forth affirmative defenses, if any. A respondent without knowledge or information sufficient to form a belief as to the truth of an allegation shall so state, and such a statement shall be treated as a denial of the allegation in question.

 

3804.10The answer shall indicate whether the respondent requests a hearing concerning the notice to show cause or summary suspension order.

 

3804.11If a respondent fails to file a timely answer, the Commissioner may issue a proposed or final decision adverse to that respondent.

 

source

Final Rulemaking published at 50 DCR 6433(August 8, 2003).