D.C. Mun. Regs. tit. 17, r. 17-1717

Current through Register 71, No. 45, November 7, 2024

Rule 17-1717 - NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

1717.1

The Director shall give the holder of the registration, or applicant for a registration (except a temporary registration), or a person possessing a privilege to act as an Athlete Agent in the District, notice of and an opportunity for a hearing before a Hearing Examiner if the effect of the action would be one of the following:

(a) To revoke a registration;

(b) To suspend a registration;

(c) To reprimand the holder of a registration;

(d) To impose a civil fine;

(e) To require a course of remediation;

(f) To require a period of probation; or

(g) To refuse to renew a registration for any cause other than failure to pay the required renewal fee.

1717.2

If the Director proposes to take an action of the type set forth in § 1717.1 it shall give written notice to the respondent containing the following:

(a) A statement that the Director has sufficient evidence, setting forth the nature of the evidence, which, if not explained, justifies taking the proposed action;

(b) One of the following statements:

(1) That the Director may take the proposed action, unless the respondent requests a hearing before a Hearing Examiner, as defined in § 1729 of this chapter, by a letter addressed to the Director, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the Director may take the proposed action if the respondent fails to appear at the scheduled hearing; or

(2) That the Director has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the Director may take the proposed action if the respondent fails to appear at the hearing; and

(c) A description of the rights of the respondent at a hearing as specified in § 1725 of this chapter.

1717.3

Subject to § 1717.1, the Director shall give an applicant for a registration (other than a temporary registration) notice of and an opportunity for a hearing before a Hearing Examiner if the effect of the action would be to deny a registration.

1717.4

An applicant shall not be entitled to notice of or an opportunity for a hearing before a Hearing Examiner if the denial of the registration is based solely on the applicant's failure to meet qualifications over which the Director has no discretion, including the following:

(a) Failure to meet a minimum age requirement; and

(b) Failure to meet an educational or experience requirement where the acceptability of the educational program or quality of the experience is not an issue.

1717.5

If the Director proposes to take an action of the type specified in § 1717.3, it shall give written notice to the respondent containing the following:

(a) A statement that the respondent has failed to satisfy the Director as to the respondent's qualifications to be approved for registration;

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

(c) One of the following statements:

(1) That the Director may take the proposed action, unless the respondent requests a hearing before a Hearing Examiner by a letter addressed to the Director, sent by certified mail or delivered in person, within twenty (20) days after service of the notice, and that the Director may take the proposed action if the respondent fails to appear at a scheduled hearing; or

(d) A description of the rights of the respondent at a hearing as specified in § 1725 of this chapter.

1717.6

A notice given pursuant to § 1717.2 shall be in the form of charges and specifications. A notice given pursuant to § 1717.5 shall be in the form of a notice of intent to deny in letter format.

D.C. Mun. Regs. tit. 17, r. 17-1717

Final Rulemaking at 50 DCR 9549 (November 14, 2003)