D.C. Mun. Regs. r. 19-2043

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 19-2043 - NOTICE OF PROPOSED ACTION AND OPPORTUNITY FOR A HEARING

2043.1

Each applicant or licensee shall be notified and given an opportunity to be heard before the Commission takes any of the following actions:

(a) Denies a license for any cause other than failure to pass a required test or physical examination;

(b) Suspends a license;

(c) Revokes a license;

(d) Restricts or places conditions upon a license;

(e) Reprimands or censures a licensee;

(f) Refuses to restore a license;

(g) Refuses to renew a license for any cause other than failure to pay the prescribed fees;

(h) Imposes a civil fine or penalty;

(i) Orders a contestant's purse forfeited to the promoter; or

(j) Denies a request for a therapeutic use exemption (TUE) pursuant to §§ 2030.14 or 2030.15.

2043.2

When the Commission proposes to deny a license pursuant to § 2043.1(a) or (f), it shall give the applicant the following information in writing:

(a) A statement indicating how the applicant has failed to satisfy the Commission as to the applicant's qualifications for licensure; and

(b) A statement that the Commission will take the proposed action unless the respondent requests a hearing by certified letter addressed to the Commission, mailed with twenty (20) days after service of the notice.

2043.3

When the Commission proposes to take any action specified in § 2043.1(b), (c), (d), (e), (g), (h) or (i), it shall give the respondent the following information in writing:

(a) A statement that the Commission has evidence, and setting forth the nature of the evidence, which if not rebutted or explained, justifies the proposed action; and

(b) A statement that the Commission will take the proposed action unless the applicant or licensee requests a hearing by letter addressed to the Commission and mailed no later than twenty (20) days after service of the notice.

2043.4

If the respondent does not request a hearing within the time specified, the Commission may take the action specified in the notice without holding a hearing. The Commission shall give written notice of its action to:

(a) The respondent;

(b) The Corporation Counsel; and

(c) The Director.

2043.5

A notice of a proposed disciplinary action listed in § 2043.1(b), (c), (d), (e), (g), (h), or (i) shall be in the form of charges and specifications. A notice of a proposed denial action listed in § 2043.1(a) or (d) shall be in a form of a letter of proposed denial.

2043.6

Any notice required by this section may be served personally or by certified mail, return receipt requested, directed to the respondent at the respondent's last known residence or business address as shown by the records of the Department.

2043.7

If notice is served personally, it is deemed served when delivery is made to the respondent.

2043.8

If notice is served by certified mail, it is deemed served on the date written on the return receipt showing delivery of the notice to the respondent, or the refusal of the respondent to receive the notice. An indication that the addressee is unknown or has moved with no forwarding address constitutes a refusal by the addressee to receive the notice.

2043.9

If an applicant or respondent does not appear for a scheduled hearing, and if the Commission does not grant a continuance, the Commission may receive evidence and render a decision on the basis of the evidence presented at the hearing.

2043.10

If the respondent requests a hearing in accordance with this section, the Commission shall notify the respondent, within twenty (20) days following receipt of the request, of the time and place of the hearing.

2043.11

The Commission shall schedule a hearing for a date not more than sixty (60) days nor less than fifteen (15) days following the date of service of notice upon applicant or respondent unless the respondent agrees to an earlier or later date.

D.C. Mun. Regs. r. 19-2043

Final Rulemaking published at 35 DCR 3710, 3722-24 (May 20, 1988); amended by Final Rulemaking published at 66 DCR 6627 (5/31/2019)