Section 29-317. SERVICE OF NOTICE FOR ENFORCEMENT ACTIONS

 

317.1A Notice shall be provided by the Director to the Facility or applicant before the Director may take any of the following enforcement actions:

 

(a)Denial of issuance of a license;

 

(b)Denial of renewal of a license;

 

(c)Suspension of a license;

 

(d)Revocation of a license; or

 

(e)Issuance of a provisional or restricted license.

 

317.2A Notice required by this section may be served personally, or by certified mail, return receipt requested, directed to the applicant or Facility at the last known address as shown in the Department's records, or at the address of the Facility premises.

 

317.3A copy of the Notice shall be delivered to the Office of Administrative Hearings within one day of service of the Notice.

 

317.4A Notice served personally is deemed served when it is delivered to the applicant or licensee, or to an adult employee or family member of the applicant or licensee, at the licensed premises or at the last known address.

 

317.5A Notice served by certified mail is deemed served on the date written or stamped upon the return receipt, indicating delivery of the Notice to the applicant or licensee or refusal of the applicant or licensee to accept delivery of the Notice.

 

317.6In the event that the applicant or licensee is not found at the address of the Facility nor at the last known address as shown in the records of the Department, and no forwarding address is available, the Notice shall be deemed served on the date that the return receipt bearing such notification is returned to the Director.

 

317.7A Notice of a proposed enforcement action shall include the following:

 

(a)The nature of the proposed enforcement action;

 

(b)The effective date of the proposed action;

 

(c)A description of, and citation for, each violation alleged;

 

(d)In the case of a license suspension, the time period of the proposed suspension;

 

(e)A statement informing the applicant or Facility that it may make a request for a hearing by submitting a written request to the Office of Administrative Hearings within ten (10) days of receipt of the Notice, or, in a matter in which a different time period is prescribed by law, within the applicable time period;

 

(f)A statement informing the applicant or Facility that the proposed action may become final without a hearing if the applicant or Facility fails to request a hearing within the time and in the manner specified; and

 

(g)In the case of a license suspension, revocation, or conversion, a statement informing the Facility that it will be required to surrender its license upon final action to suspend, revoke, or convert the license to provisional or restricted status.

 

source

Final Rulemaking published at 54 DCR 003793 (April 27, 2007).