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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-3. CHILD DEVELOPMENT FACILITIES |
Section 29-314. SUMMARY SUSPENSION
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314.1The Director may summarily and immediately suspend a license, for a period of not more than forty-five (45) calendar days, upon finding that the health, safety, or welfare of children, adults, or of the general public is in immediate danger.
314.2A summary suspension of a license is effective upon the delivery to the Facility of a Notice of Summary Suspension, which Notice shall be hand-delivered to the licensee, or to an adult employee or family member of the licensee, at the licensed premises.
314.3The Notice of Summary suspension shall state that the Facility may request an expedited hearing within five (5) business days of receipt of the Notice. The notice shall also comply with section 317 of this Chapter.
314.4When a Facility's license is summarily suspended, the Director shall immediately repossess the license, and the Facility shall immediately cease providing child care.
314.5When a Facility's license is summarily suspended, the Facility shall be responsible for providing parents with written notification of the suspension and for informing them of the need to make alternative child care arrangements. The Facility shall also provide the Director with a copy of the written notification.
314.6Upon a timely request for an expedited hearing pursuant to this section, the Office of Administrative Hearings shall conduct the hearing within five (5) business days of the request, and the Office of Administrative Hearings shall issue a decision within five (5) business days after the hearing record is closed.
314.7Upon completion of a hearing conducted pursuant to this section and closure of the hearing record, the Office of Administrative Hearings shall determine either that the summary suspension was warranted, in which case the suspension shall continue for a period not to exceed forty-five (45) days from the date of the decision, or that the summary suspension was unwarranted, in which case the suspension shall immediately cease and the license shall be immediately returned to the Facility.
314.8At or before the end of the suspension period, the Director shall either reinstate the license or initiate procedures for the revocation of the license.
314.9A license that has been summarily suspended may be reinstated before the end of the suspension period if the Director determines that the Facility is in substantial compliance with the Act and with this Chapter.