Section 5-A8020. NOTICE OF INVESTIGATIONS, SERVICE, COMMENCEMENT OF HEARINGS

8020.1A written notice shall be served by the Commission pursuant to this section to an applicant or licensee (“respondent”) at the initiation of an investigation, or if the Commission proposes to deny, suspend, reduce, or revoke a license.
 

8020.2The notice shall contain the following information:

 

(a)A description of the institution’s alleged non-compliance with requirements of law or of this chapter which are being considered by the Commission with respect to the postsecondary degree granting educational institution;

 

(b)The range of proposed decisions or actions which may be considered by the Commission;

 

(c)The bases for the proposed decisions or actions;

 

(d)That any of the proposed decisions or actions may be taken if no hearing is requested or if the applicant or licensee fails to appear at a requested hearing; and

 

(e)The respondent’s right to request a hearing before a hearing officer appointed by the Commission, or the Commission, in the discretion of the Commission, and that the request must be filed with the Commission within ten (10) days after service of the notice.

 

8020.3Service of the notice, an order, or decision required by this chapter to be served upon a respondent or other party shall be served upon the party or upon the representative designated by the party or by law or regulation to receive service of papers and shall be directed to the last known address on file with the Commission and shall be completed by one (1) of the following methods:

 

(a)By handing it to the respondent or party;

 

(b)By leaving the relevant document at a party’s office as indicated on the application, license, or motion with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; 

 

(c)If the office of the institution or party to be served has no office or the office has been closed, by leaving the relevant document at the place of residence with a person sixteen (16) years of age or older residing at the residence;

 

(d)By certified mail, return receipt requested; or

 

(e)In conformity with an order of the Commission.

 

8020.4If service is made by  a method set forth in paragraphs (a) through (e) of subsection 8020.3, the representative of the Commission shall cause a certificate of service to be filed stating the date, time, and manner of service and the person, if any, served.

 

8020.5If service is by certified mail, service shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.

 

8020.6If the party is no longer at the last known address as shown by the records of the Commission, no forwarding address is available, and the notice, order, or decision was sent by certified mail, return receipt requested, to the last known address as shown by the records of the Commission, service shall be deemed to have been made on the date the return receipt bearing a notification that delivery could not be made to the addressee is received by the party attempting service. 

 

8020.7If a respondent requests a hearing, the Commission shall, within thirty (30) days after receipt of the request, provide notification of the date, time, and place of the hearing to the respondent.

 

8020.8The Commission shall hold the hearing not less than fifteen (15) days after the date of service of the notification pursuant to subsection 8020.7, unless the Commission and the respondent agree to hold the hearing at an earlier date.

 

8020.9The Commission may, without a hearing, take any action or make any decision described in the notice if:

 

(a)A respondent who was sent a notice of a proposed action under subsection 8020.1 does not mail or deliver a request for a hearing pursuant to subsection 8020.3; or

 

(b)A respondent who has been provided notification of a hearing pursuant to subsection 8020.7 does not appear for the hearing, and no continuance is granted.

 

8020.10The Commission shall inform the respondent of an action taken pursuant to subsection 8020.9.

authority

The Education Licensure Commission (ELC) (Commission), pursuant to authority set forth in sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306(b)(3) and 38-1311 (2010 Supp.)), and Mayor’s Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2010 Supp.)).

source

Notice of Final Rulemaking published at 58 DCR 2424, 2449 (March 18, 2011).