Section 26-A8201. REVOCATION, SUSPENSION, OR DENIAL OF LICENSE; ADMINISTRATIVE PENALTIES

8201.1The suspension, revocation, denial, and administrative penalty processes provided in this section shall apply to a Start-Up Certificate, Preliminary Certificate, Permanent License, and Restricted or Conditional License.

8201.2The suspension or revocation of a license or certificate of authority, the denial of an application for a license or certificate of authority, or the imposition of an administrative penalty shall be by written order and shall be sent to the continuing care facility, provider, or applicant by certified or registered mail.  The written order shall state the grounds, charges, or conduct on which suspension, revocation, denial, or imposition of administrative penalty is based.  A continuing care facility, provider, or applicant may in writing request a hearing within thirty (30) days from the date of the mailing of the order.  If no written request is made, the order shall be final upon expiration of the thirty (30) day period.

8201.3If a continuing care facility, provider, or applicant requests a hearing, the Commissioner shall issue a written notice of hearing and send it to the continuing care facility, provider, or applicant by certified or registered mail.  The notice shall include a specific date, time, and place for the hearing.

8201.4If a hearing is requested, the Commissioner or his or her designee shall be in attendance and shall conduct the proceedings.  The provisions of the District of Columbia Administrative Procedure Act, approved October 21, 1968, (82 Stat. 1204; D.C. Official Code § 1-1501 et seq.) shall apply to proceedings under this subsection.

8201.5After a hearing, or upon failure of the continuing care facility, provider, or applicant to appear at a hearing, the Commissioner shall issue a decision and order that includes findings of fact and conclusions of law.  The Commissioner’s decision and order shall be sent to the continuing care facility, provider, or applicant by certified mail.  The Commissioner’s decision and order shall be subject to appeal to the District of Columbia Court of Appeals.

8201.6If the license or certificate of authority of a continuing care facility, provider, or applicant is revoked, such entity shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs in the District and shall conduct no further business in the District except as may be essential to the orderly conclusion of its affairs in the District.  The continuing care facility, provider, or applicant shall engage in no further advertising or solicitation in the District.  The rehabilitation and liquidation provisions of section 111 of the Act shall be implemented unless the Commissioner, by written order, permits further operation of the continuing care facility as the Commissioner may find to be in the best interest of residents of a continuing care facility, to the end that residents will be afforded the greatest practical opportunity to obtain continuing care services.

authority

The Commissioner of the Department of Insurance, Securities and Banking, pursuant to the authority set forth in section 7 of the Continuing Care Retirement Communities Act of 2004, effective April 6, 2005 (D.C. Law 15-270; D.C. Official Code § 44-151.01 et seq.)(2005 Supp.)(“Act”).

source

Notice of Final Rulemaking published at 53 DCR 1399 (February 24, 2006); as amended by Corrected Notice of Final Rulemaking published at 53 DCR 8475, 8479 (October 20, 2006).