D.C. Mun. Regs. r. 16-813

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 16-813 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSE

813.1

The license of each contractor or salesperson shall be subject to denial, suspension, or revocation on any ground set forth in any other section of this chapter which is applicable to any such license or on any ground falling within the terms of paragraph 46 of § 7 of the Act, approved July 1, 1932, as amended (47 Stat. 563; D.C. Code § 47-2844 (1981 Ed.)), including, but without limitation, any of the grounds set forth in this section.

813.2

All qualifications set forth in this chapter as prerequisite to the issuance of any license shall be maintained for the entire license period. Failure to maintain any qualification for a license shall be cause for suspension or revocation of the license.

813.3

The grounds for denial, suspension, or revocation of a license include the following:

(a) Material misstatement in application for license;

(b) Failure or refusal to comply with any provision of statute or regulation governing the carrying on of home improvement work;

(c) Conviction of false pretenses, larceny after trust, embezzlement, or any other offense involving fraudulent conduct, arising out of or based on a home improvement contract;

(d) Misrepresentation or concealment, through any subterfuge or device, or any matter required by this chapter to be stated to the homeowner, or of the nature of any matter required by this chapter to be furnished to the homeowner;

(e) Employment of any fraudulent or misleading device, method, or practice in connection with the negotiation or performance of a contract for home improvement work;

(f) Use of advertising with regard to contracting for or performing home improvement work which is misleading or deceptive by reason of any false statement contained in that advertising or which, by reason of incompleteness or otherwise, may mislead or deceive;

(g) Willful or fraudulent circumvention of any provision of statute or regulations relating to the conduct of the home improvement business;

(h) (Contractor Only) Employing engaging, appointing, allowing, or permitting any person to act as a salesperson for or on behalf of a contractor, knowing or having been put upon notice to ascertain that such a person is not duly licensed as a salesperson for the dealer, or that the person's salesperson's license has been denied, suspended, or revoked;

(i) (Contractor Only) The unjustified failure or refusal of a contractor substantially to complete the work required by a home improvement contract within a reasonable time after the approximate date of completion specified in the contract; and

(j) (Salesperson Only) Acting as a salesperson for or on behalf of any person, knowing or having been put upon notice to ascertain that the person is not duly licensed as a contractor, or that the person's contractor's license has been denied, suspended, or revoked.

813.4

Any advertising which conforms with the then current regulations, rules, or guides of the Federal Trade Commission shall not be deemed to be misleading or deceptive under § 813.3(f).

D.C. Mun. Regs. r. 16-813