D.C. Mun. Regs. tit. 19, r. 19-1578

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 19-1578 - WILDLIFE PROTECTION: DENIAL, SUSPENSION, MODIFICATION, OR REVOCATION OF A LICENSE OR REGISTRATION

1578.1

The Department may deny, suspend, modify, or revoke a license or registration issued pursuant to §§ 1570 or 1571, if applicant, registrant, or license holder has:

(a) Threatened the public health, safety, or welfare, or the environment or engaged in cruelty to animals;

(b) Been convicted of an offense that directly involved wildlife or cruelty to animals within the previous ten (10) years;

(c) Violated or threatened violation of law, the rules set forth in §§ 1565 to 1577, or the terms and conditions of the license or registration;

(d) Been convicted of an offense for cruelty to animals, pursuant to D.C. Official Code §§ 22-1001 et seq.;

(e) Engaged in fraudulent business practices;

(f) Failed to comply with one or more federal or District wildlife statutes or regulations;

(g) Misrepresented facts relating to wildlife or wildlife control to a client, customer, or the Department;

(h) Made a false statement or misrepresentation material to the issuance, modification, or renewal of a license or registration;

(i) Submitted a false or fraudulent record or report;

(j) Had its authorization to do business in the District of Columbia revoked or suspended;

(k) Failed to keep an active insurance policy as required by § 1571.5; or

(l) Had an error in the terms and conditions of the registration or license that needs to be corrected.

1578.2

The notice of proposed denial, suspension, modification, or revocation shall be in writing and shall include the following:

(a) The name and address of the applicant or the holder of the license or registration;

(b) The legal and factual basis for the proposed action, including citations to the specific statutory or regulatory provision(s);

(c) The effective date and duration, if any; and

(d) How and when the applicant or license or registration holder may request an administrative hearing and the consequences of failure to appeal.

1578.3

To appeal the denial, suspension, modification, or revocation, the applicant or license or holder may request an administrative hearing before the District of Columbia Office of Administrative Hearings in accordance with the Rules of Practice and Procedure set forth in Title 1, Chapter 28, of the D.C. Municipal Regulations.

1578.4

The applicant or license or registration holder shall have fifteen (15) calendar days from the date of service of the notice to deny, suspend, modify, or revoke the license or registration, or twenty (20) days if served by mail, to request a hearing to show cause why the license or registration should not be denied, suspended, modified, or revoked.

1578.5

The Department may serve a notice of denial, suspension, modification, or revocation in addition to any other administrative or judicial penalty, sanction, or remedy authorized by law.

1578.6

The Department shall not reissue a license or registration to any person whose certification or license has been revoked until after at least one year following the revocation.

1578.7

The Department shall not reissue a license or registration to any person whose license or registration has been revoked until the applicant has submitted a new application, and complies with the requirements in §§ 1570.2 and 1571.

D.C. Mun. Regs. tit. 19, r. 19-1578

Final Rulemaking published at 63 DCR 6084 (4/22/2016); amended by Final Rulemaking published at 65 DCR 8395 (8/24/2018)