D.C. Mun. Regs. tit. 10, r. 10-B2806

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 10-B2806 - DENIAL, SUSPENSION, AND REVOCATION OF REGISTRATION

2806.1

The D.C. Surveyor may deny, suspend, revoke, or refuse to renew the certification of any Registered Land Surveyor who:

(a) Fails to meet the qualification requirements contained in § 2803;

(b) Fails to comply with the standards and operating procedures established by this chapter;

(c) Has committed fraud, deceit, or misrepresentation in becoming certified as a Registered Land Surveyor with the Office of the Surveyor;

(d) Has been found guilty of any gross negligence, incompetence, or misconduct in the practice of land surveying;

(e) Has willfully destroyed, mutilated, misplaced or stolen any survey papers parcel papers, maps or other records of the Office of the Surveyor; or

(f) Has willfully destroyed, or has without authorization moved or otherwise altered survey points established by the Office of the Surveyor.

2806.2

For any action to deny, revoke, or suspend the certification of a Registered Land Surveyor, the D.C. Surveyor shall comply with the contested case procedures contained in the D.C. Administrative Procedure Act, D.C. Code § 1-1509 (1990 Supp.) and the requirements of this section.

2806.3

If the D.C. Surveyor proposes to revoke or suspend the registration of a Registered Land Surveyor, the D.C. Surveyor shall give written notice to the Registered Land Surveyor. The notice shall contain the following:

(a) A statement setting forth the nature of evidence that the D.C. Surveyor has which, if proven to be true, justifies taking the proposed action;

(b) A statement that the D.C. Surveyor may take the proposed action, unless the Registered Land Surveyor requests a hearing before the D.C. Surveyor by a letter addressed to the Surveyor, sent by certified mail or delivered in person, within twenty (20) days after service of the notice; and

(c) A statement that the D.C. Surveyor may take the proposed action if the Registered Land Surveyor fails to appear at a scheduled hearing.

2806.4

Where a registrant has been suspended twice, a third cause for action shall be for revocation.

2806.5

If the D.C. Surveyor determines that suspension is the appropriate penalty, the period of suspension shall be not less than thirty (30) days nor more than one (1) year.

2806.6

If the D.C. Surveyor proposes to deny a registration or renewal of a registration, the D.C. Surveyor shall give written notice to the applicant. The notice shall contain the following:

(a) A statement that the applicant has failed to satisfy the qualifications for certification as a Registered Land Surveyor;

(b) A statement that specifies in what respect the applicant has failed to satisfy the requirements;

(c) A statement that the D.C. Surveyor may deny the registration unless the applicant request within twenty (20) days after service of the notice, a hearing before the D.C. Surveyor by a letter addressed to the D.C. Surveyor and sent by certified mail or delivered in person; and

(d) A statement that the D.C. Surveyor may take the proposed action if the applicant fails to appear at the scheduled hearing.

2806.7

If a person who was sent a notice of a proposed action does not send by certified mail, or deliver in person a request for a hearing within twenty (20) days of receiving the notice of the proposed action, the D.C. Surveyor may, without a hearing, take the action proposed in the notice.

D.C. Mun. Regs. tit. 10, r. 10-B2806

Final Rulemaking published at 38 DCR 2131, 2136 (April 12, 1991)