 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 29. PUBLIC WELFARE |
|
Chapter 29-32. NURSING FACILITIES |
Section 29-3253. HEARING PROCESS
-
3253.1The nurse aide shall request a hearing no later than twenty (20) calendar days from the date of service of the notice.
3253.2The Department shall schedule a hearing within ten (10) calendar days of receipt of the Request for Hearing Form, and shall send written notice of the hearing to the nurse aide at the address stated on the Hearing Request Form. The notice shall state that a hearing has been scheduled; the time, date and location of the hearing; and the nurse aide's rights at the hearing.
3253.3The Department shall conduct the hearing pursuant to the District of Columbia Administrative Procedure Act of 1975, effective October 8, 1975 (D.C. Law 1-19, D.C. Official Code § 2-501 et seq.).
3253.4The hearing may be conducted at the nursing home if a resident is involved in the proceedings.
3253.5The Department shall render a decision in writing within thirty (30) days of the date of the hearing or closing of the record, whichever is later, and shall send copies of the decision by regular mail, and by certified mail, return receipt requested, to all parties involved.
3253.6If the nurse aide is found not to have committed the act(s) alleged, the Department shall not place his or her name in the Nurse Aide Abuse Registry pursuant to subsection 3252.11, nor forward it to the administrators of nursing homes pursuant to subsection 3252.12.
3253.7If the charges against a nurse aide are sustained following a hearing, the Department shall place the nurse aide's name in the Nurse Aide Abuse Registry, as provided in subsection 3252.11, within thirty (30) days after the time for filing an appeal has expired.
3253.8The nurse aide may appeal an adverse decision to the District of Columbia Court of Appeals.
3253.9An entry in the Nurse Aide Abuse Registry shall remain for a period of five (5) years, after which the nurse aide may apply for its removal by submitting the documentation requested by the Director.