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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 31. TAXICABS AND PUBLIC VEHICLES FOR HIRE |
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Chapter 31-7. ENFORCEMENT |
Section 31-709. DENIAL OF APPLICATION FOR A LICENSE
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709.1Unless a different time for appeal is provided by an applicable provision of this title, if the Office denies an application for a new or renewed license (including for purposes of this section, any certificate, approval, registration, or legal permission of the Office required by this title or other applicable law in order for a person to engage in conduct otherwise prohibited) under this title, the applicant for such license may appeal the decision within fourteen (14) days of notice of the decision, unless a different time for appeal is provided by an applicable provision of this title.
709.2A decision by the Office to deny an application for a license shall be issued in writing and shall state:
(a)The basis for the decision;
(b)That the applicant has the right to appeal the decision within fourteen (14) days of notice of the decision, unless a different time for appeal is provided by an applicable provision of this title;
(c)That the appeal, if filed, will be referred to the Commission, a hearing examiner within the Office, or OAH;
(d)In the case of a decision to deny a renewal license, whether the existing license shall remain in effect beyond its expiration date pending the outcome of a timely appeal filed pursuant to § 709.1, pursuant to an applicable provision of this title; and
(e)That if the applicant does not appeal the decision within the time provided for appeal, the decision shall become final.
709.3An appeal of a decision to deny a license shall be filed by the applicant, or applicant’s representative, with the Office within fourteen (14) days of notice of the decision, or within such other period as provided by an applicable provision of this title, and otherwise the decision shall constitute a final agency decision. The Office, in its sole discretion, shall refer a timely appeal to any of the following for review on the merits: the full Commission, a hearing examiner employed by the Commission, or OAH.
709.4If an appeal is referred to the full Commission, the Commission shall hear the appeal at its next regularly scheduled meeting.
709.5If an appeal has been referred to a hearing examiner employed by the Office, the hearing examiner shall hear the appeal within thirty (30) days from the date the appeal is received by hearing examiner. Either party may appeal the decision of the hearing officer to the full Commission. An appeal, if filed, shall be filed within thirty (30) days of the issuance of the hearing examiner’s decision, and, if not appealed within such time, shall constitute a final agency decision.
709.6An appeal to the full Commission shall be heard at the next Commission meeting, not sooner than fourteen (14) from the date of the appeal.
709.7If the appeal has been referred to OAH, the appeal shall be heard in accordance with OAH rules and regulations.
709.8A timely appeal of a denial of a renewal of license shall extend an existing license pending a decision on the appeal except that a license shall not be extended pending an appeal if one of the bases for denial would constitute grounds for immediate suspension under § 706 or § 707.
709.9A decision on appeal to remand to the Office for further review shall extend or re-instate an existing license pending the final decision, unless otherwise ordered.
709.10A decision by the Commission, either on direct appeal or an appeal from a hearing examiner, shall be considered a final agency decision.