D.C. Mun. Regs. tit. 17, r. 17-3908

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

Rule 17-3908 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSE

3908.1

The Director may refuse to issue or renew, or may suspend or revoke, a license issued under this chapter for any reason set forth in this chapter or D.C. Official Code § 47 -2844.

3908.2

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.

3908.3

If the Director determines that a licensee is engaging in or has engaged in a pattern of substantial code violations, the Director may order a temporary suspension of any license issued pursuant to this chapter for a period not to exceed ten (10) days. Notice of the temporary suspension and the grounds for that suspension shall be immediately sent or delivered to the licensee at the address listed on the licensee's application. The licensee shall have an opportunity for a hearing before the Director prior to the expiration of the ten (10) day temporary suspension. If the Director determines by a preponderance of the evidence that a pattern of substantial code violations exists, the Director may suspend the licensee's license for a longer period of time or revoke the license.

3908.4

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 the general contracting or construction management work;

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

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

(e) Employment of any fraudulent or misleading device, method, or practice in connection with the negotiation or performance of a contract for general contracting or construction management;

(f) Use of advertising with regard to contracting for or performing general contracting or construction management 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 licensed business;

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

(j) Working beyond the scope of the class of license issued under § 3901.2.

3908.5

Any advertising conforming with the then-current regulations, rules, or guides of the Federal Trade Commission shall not be deemed to be misleading or deceptive under § 3908.4(f).

D.C. Mun. Regs. tit. 17, r. 17-3908

Final Rulemaking published at 56 DCR 3103 (April 24, 2009)

Authority: The creation of this new license category was authorized by the Fiscal Year 2009 Budget Support Act of 2008, D.C. Law 17-219, effective August 16, 2008.