D.C. Mun. Regs. tit. 18, r. 18-1005

Current through Register Vol. 71, No. 43, October 25, 2024
Rule 18-1005 - HEARING ON REVOCATION OR SUSPENSION OF LICENSE
1005.1

Any person whose license is revoked or suspended may, unless otherwise provided by law, demand a hearing which shall be granted, except as provided in § 1005.4.

1005.2

The hearing demand shall be made in writing to the Director within five (5) days after the issuance of a revocation or suspension order.

1005.3

There shall be no extensions of time as prescribed in § 1005.2, except as provided in § 1001.

1005.4

A person is not entitled to a hearing when the action taken by the Director is made mandatory by law or when the person has previously been afforded an opportunity with appropriate notice for a hearing.

1005.5

Upon receipt of the demand for a hearing, the Director may refer the same to the Chief Examiner for hearing and decision.

1005.6

The Director may, at the time the demand is filed, take up the regular form of license of the person against whom an order of revocation or suspension has been issued and, in such case, shall issue a temporary license for the period he or she deems necessary in order to afford that person a hearing.

1005.7

The temporary license shall operate as a stay of the order of suspension or revocation until the date of the hearing and shall contain a notice to the holder thereof of the foregoing limitation of the stay of the order.

1005.8

Temporary licenses issued pursuant to this section shall not state the fact of the proposed suspension or revocation.

1005.9

The Director may, for good cause shown, issue additional temporary licenses as he or she may deem necessary in order to carry out the intent of this section.

1005.10

If any person fails to appear at a hearing scheduled by the Director without good cause shown, the stay of the order of suspension or revocation shall become void and the order shall become effective immediately upon the expiration of such stay with no further action required of the Director.

1005.11

Temporary licenses issued under this section shall be effective or renewed until the hearing examiner's decision is issued, the person fails to appear as required by § 1005.10, or his or her permit is suspended or revoked on other grounds pursuant to this chapter, whichever occurs first.

D.C. Mun. Regs. tit. 18, r. 18-1005